10B-045 40 audubon rd planningI�.-
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 ZONING BOARD OF APPEALS
APPLICANT: WILLIAM F. SENEY
ADDRESS: P O BOX 383, LEEDS, MA 01053
OWNER: ERNEST J. NEON, JR. (TRUSTEE)
ADDRESS: CHESTERFIELD ROAD, LEEDS, MA 01053
RE LAND OR BUILDINGS IN NORTHAMPTON AT: 40 AUDUBON ROAD, LEEDS
ASSESSOR'S MAP and PARCEL NUMBERS: MAP # 10B PARCEL # 45
At a meeting conducted on August 16, 1995 the Northampton Zoning
Board of Appeals unanimously voted 3:0 to Grant the request of
William F. Seney for a FINDING under the provisions of Section
9.3 (1) (D) in the Northampton Zoning Ordinance to change. and
alter a pre- existing, non - conforming structure by tearing down
the lower wooden section of the structure, filling the existing
foundation with gravel and re- capping the foundation in order to
create a new concrete slab floor approximately 4' higher than the
original floor, so that a new building can be erected at 40
Audubon Road, Leeds.
Zoning Board Members present and voting were: Vice - Chairman M.
Sanford Weil, Jr., Alex Ghiselin, and Elaine M. Reall.
The Findings of the Board under Section 9.3 to change and alter a
Pre - existing non - conforming structure were as follows:
1. The Board found that the change and alteration will not be
substantially more detrimental to the neighborhood than the
existing non - conforming structure and that the change will
not create any new new violations to the zoning
setback /coverage regulations.
-1-
ORIGINAL PRINTED ON RECYCLED PAPER
* - 10,0,✓
Pursuant to Massachusetts General Laws (MGL) Chapter 40A, Section
11, no Finding 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 a the
certified decision of the City Clerk and record it at the
Registry of Deeds.
The Northampton Zoning Board of Appeals hereby certifies that a
Finding 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 Law Chapter 40A, Section 15,
notice is hereby given that this decision is filed with the
Northampton City Clerk on the date below.
If you wish to appeal this action, your appeal must be filed
pursuant to MGL Chapter 40A Section 17, with the Hampshire County
Superior Court and notice of this appeal filed with the City
Clerk within twenty (20) days of the date this decision was filed
with the City Clerk.
Applicant: WILLIAM F. SENEY - 40 AUDUBON ROAD, LEEDS
Decision Date: 1A iooc
This Decision was Filed with the City Clerk on: ' August 22, 1995
L 11
M. Sanford Weil, Jr.
AVtX-,
-------------------------- - - - - --
Alex Ghiselin
Elaine M. Reall
-2-
ZBA Meeting Minutes - 8/16/95
At 7:23 p.m. Vice Chair Weil opened the Public Hearing on the
request of William F. Seney for a Finding under §9.3(1)(D) for a
change and alteration of a pre- existing, non - conforming structure
at 40 Audubon Road, Leeds.
Weil read a copy of the legal notice which was published in the
Daily Hampshire Gazette on August 2, 1995 and August 9, 1995 and
explained procedures for conducting public hearings. Present and
sitting were: M. Sanford Weil, Jr., Alex Ghiselin and Elaine M.
Reall.
William F. Seney of 310 North West Road, Westhampton was present
to discuss the application. He read a part of the application he
had submitted which was entitled, Proposed Changes to 40 Audubon
Road and reviewed his plans for the work to be done on the site.
Weil asked about the sidewalk near the building. Weil said he
saw a brook near the building which the applicant proposed to
tear down, but he did not see a sidewalk. Seney said that there
is an asphalt sidewalk under all the overgrown grass on the
property.
Seney said he wants to lease the building for use to a light
industrial /manufacturing business. He wants to fix up the steel
building, tear down the old section, and perhaps lease out the
steel building. He would like to have the option to build on top
of the new slab. Seney said he does not plan to rebuild
immediately but would like to have the option to do so. Kuzdeba
said that the brook is actually one of the property lines.
No one spoke in in favor of the project.
When Weil asked if there were anyone in opposition to the
proposal, Bill Rogers said he was the abutter to the right of the
metal building, at 48 Audubon Road, and noted that he had lived
there most of his life. Rogers said that the metal building was
built about 1964 and the business there manufactured bags. He
said that it is a very quiet business with not much traffic in
and out of the premises. He said there may be one truck per day
coming to the business and that there are two or three people are
employed there. Rogers said he did not think there is anything
wrong with tearing down the building, but he expressed concern
about the applicants plan to erect a new building on a 4 higher
slab because of the wetland in the area. Rogers noted that the
neighborhood is zoned a residential area. He said his house is
35' away from this building and was naturally concerned about the
type of business that might go in there. I don't think it is
correct to allow someone to construct a factory type building in
a residential area.
Mr. Seney said he does not know what type of business would go in
-3-
N"., ZBA Meeting Minutes - 8/16/95
there in the future since he does not know what type of tenant he
could find to fill the lease.
Kuzdeba said that under existing zoning, any non - conforming
building is allowed to be changed, extended or altered as long as
it is not any more detrimental to the neighborhood than the
existing building. If the use is changed, the applicant would
have to come back before the ZBA with another request for a
Finding to change the use. The Board would have to find that the
new use would not be more detrimental to the neighborhood than
the existing use.
Discussion ensued, with all participating, regarding the
definition of a Finding and a change of use.
Kuzdeba said that the applicant would have two years to exercise
his option to rebuild the building after a Finding has been
granted.
Elaine Reall said that the applicant would have to come back to
the Board for any change of use in the building.
Elaine Reall moved to close the Public Hearing. Alex Ghiselin
seconded the motion which passed unanimously 3:0.
-----------------------------------------------------------------
Elaine Reall moved to approve the Finding since the proposed
alteration of a pre- existing, non - conforming structure will not
be substantially more detrimental to the neighborhood. She
noted that there will be no further setback violations and said
she would vote in favor of granting the Finding. Alex Ghiselin
agreed with Reall. Weil said he is satisfied that an approval
tonight will not be substantially more detrimental to the
neighborhood.
Elaine Reall moved to approve the requested Finding. Alex
Ghiselin seconded the motion which passed unanimously 3:0.
-4-
`- CITY OF NORTHAMPTON LL
FINDING APPLICATION - JUL 4 1995
(Change of a Pre- Existing Nonconforming Use , or Structure)
1. Applicant's Name lltll.- L,
Address: 0 13 3 L 0 5 A4 A Telephone: `1 / 3 9 2 9 9 2ef
2. Property Owner's Name E1zlue 5r J7 f./L- 6 J � ((" )
Address CII& S T[= kF/GL� �� �� - L �L TES Telephone: S S 4 / 2. F
3. Status of Applicant _Owner Contract Purchaser Lessee XOther
(explain: P c.7 c ;NT /AL L-741
4. Parcel Identification Zoning Map # JO B Parcel# 4 � , Zoning District(s) WR �v
Street Address 4 A-12 12 -, 1 3 0 h-1 r;A!:> L_F_ �
5. Finding is being requested under Zoning Ordinance Section �- . ,'3 Page
6. Narrative Description of Proposed Work /Project (use additional sheets if necessary)
5 t-( cE_L T_s
7. State How Work /Proposal Complies with Finding Criteria (See Applicant's Guide and
use additional sheets if necessary) 1 �i�F'�/cfr� is r A ck�,��,
/ N� R ( cftJ (,�F- /� LCG /i'L P2 X/ $i /ft✓6 ' Aiciu CuVrU 2N1/ iV 4s_S i2/LL' ��C
o 411_L_r -wrJ JU•LL Nc; Gr'1L;irL 1 IcEIJ Y_U/Lll.1J G
I.>cu� �26eC /t G'.�+recsr•vc� ► tt �S C rtANGC CUILL rNC - 5 t/ 9 Si / YVr4 f-LL.y 13
r 7 Zl/- y&Aj'r.4 L. T!r
✓f T71 ,L (.;.XIS /V v.j - C y.ui u* V6 US tr ' T o
lfL /�/ /C�f �x}+=t f aura P�C/�✓SCr ?/{C ' /f
0 Z t t/ 111, A1uJ 6 ZVu vDS y U u J&
C� �� •�� vf" rfti17 �L- ds�v ;'� 2 L��lr7" ,- 12 E)/_
8. Attached Plans X Sketch Plan Site Plan None Required
9. Certified Abutters List from Assessors' Office must be attached.
10. Certification I hereby certify that I have read the FINDING 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 permit applipation.
Date: 10.4 , 5 Applicant's Signature:
Date Filed:
File #:
(memorex\wplzba\finding.zba 10120192)
t f
Date Filed v
ZONING PERMIT APPLICATION
1 • Name of Applicant: f/ / It f
Address : , /Q V �/ co 1,,i
6 - C - P S MA O f a -T
2. Owner of Property E/c,^' * /�� M � t
Address : _ r., ( -,- c..1JC,C, -, o,-,
3.
Telephone : _� y_� a �
Status of Applicant: Owner Contract Purchaser
Lessee ,� other (explain
4. Parcel Identification: Zoning Map Sheetf
Zoning District(s) (includ overlays)
Street Address
�arcelf
5' Existing 'Require
Use of Structure /Propert 4eGJ4r' lMDgsrmi Pro Proposed b Zoni
Y ��' t��.t:N- l&li.>
(if project is only
'interior work, skip to #6)
Building height
oB1dg.Coverage (Footprint)
Setbacks - front
- side L: R
- rear
Lot size
Frontage .
Floor Area Ratio
oOpen Space (Lot area minus
buil ding and parking)
Parking Spaces
Loading
Signs
Fill (volume &.location)
6. Narrative Description of Proposed work /Project:
i f
necessary) aF_-r / � - r T A 14 r-
K
(Use additional sheets
7. Attached Plans: _Sketch Plan
Site Plan
8. Certification: I hereby certify that the information contained herein
is true and accurate to the best of my knowledge.
Date:
— — — — — — — — — Applicant Signature:
— THIS SECTION FOR OFFICIAL U8E ONLY:
�pproved as presented /based on information presented
Deriied as presented - - Reason :
'Permit and /or Site Plan Required:
n ing eq d:
gna of Buildin - s c or
ate
NOTE tszuance of a zoning Permit does not relieve an Vpllcanl's burden to com
from the 80"d of Health, conservation commission. Dopartmont of Public Works and olliioa permit
iCT Urnnt(n0 autho�itlasre required 4 permits
`
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JUL 2 4 1995
F
zle No. ,
-- --
Telephone :
STANDARD FORM
OF'r. R TO PURCHASE REAL E;,ATE
On this _ =L day of �/: /�L;t IL 19, 1/We the undersigned Buyer(s) offer to pay
for the property with the buildings and improvements thereon, located at 1 10 a4- i /_ :dfT7w 'J!
in J _,t? rGJ Massachusetts and consisting of �' �i C " land, more or less.
MORTGAGE CONTINGENCY Yes No, if yes give details
This offer is contingent upon the Buyer's co
Ility to obtain a (conventional /fixed nventiona) /ARM, FHA, VA or MHFA) mortgage commitment
for $_ L� by 19 7 . , at prev mg interest rates and terms. It is, however, understood
and agreed tha the Buyer shall exercise due diligence to obtain said financing. Failure to exercise due diligence may result in a forfeiture.
TERMITE INSPECTION: Th Selle Buyer shall furnish a termite certificate from a recognized exterminator stating that the buildings on the
property are free of termites and other wood - boring Insects and any damage caused thereby. If said inspection reveals that there are termites
or other wood - boring insects, or that any damage caused thereby, requires repair, the seller shall undertake said extermination or repair, pro-
vided, however, that if the cost of said extermination and/or repair exceeds $1,000.00, the Seller shall have the option of canceling or fulfilling
this agreement. If given said option, Seller shall desire to cancel this agreement, Buyer may pay all amounts in excess of $1,000.00 and seller
shall be bound to perform this agreement, paying the first $1,000.00 of said extermination and/or damage.
INSPECTION: This agreement is subject to Buyer obtaining at his expense a satisfactory report from a consultant of his/her choosing that
the premises are free of structural and mechanical defects. Should the aforesaid report be unsatisfactory, the Buyer may terminate this
agreement by giving written notice to the Seller within ten days of this agreement by the Seller. If the Buyer shall not give said notice within
ten days, then Buyer shall be bound to fulfill this agreement. IN CONSIDERATION OF BUYER'S SAID RIGHT TO TERMINATE, BROKER IS RE-
LEASED FROM ALL LIABILITY WITH RESPECT TO ANY STRUCTURAL OR MECHANICAL DEFECTS IN THE PREMISES.
OT HER PROVISIONS: ° eT- / c � -l„r� c._ f (.x �C� "�c...Ze',�,'t,Ct.Eaza �, e'1h2.;LC.•1�iss � / '��(G`z"z��.Cl �'�- � L / ' � �
!'��- �7��.vUG!�G ✓LL•l ,��C.t,C�j--i'� ��. — �7 *IK.- � �7i-t ,!� � �-'YC, ,'G�`l�"Y` -4-Ck� IY�L�Y�X -C t'�
Included in the sale are all of the regular fixtures and shrubbery.
Also included in the sale:
I hand you $ 5�1 (:)(') to bind this offer, to be returned to me if this offer is not accepted by 3
19 -. Upon signing a Purchase and Sale agreement I agree to make an additional deposit of $ T �i Lf C� : l and to take title on
r
or before �l �' ` 1 19 It is further agreed that upon acceptance of this offer, the parties hereto, shall, on or before
, 19 execute the STANDARD FORM purchase and sale agreement recommended by the Franklin-
Hampshire County Association of REALTORS or any form substantially similar. Thereto, which when executed shall supersede the offer
and be the agreement between the parties.
NOTICE: THIS IS _ A _ EGAL DOCUMENT THAT CREATES CERTAIN BINDING OBLIGATIONS
ATTORNEY R E SIGNIN� %
B ER BUYER
IF YOU DO NOT UNDERSTAND IT, CONSULT AN
ACCEPTED 7 / 1 .1 , 19 `7 S REJECTED
60 _.,� — ,/ 4 �, ) 04e , 4Z
SELLER
I have received a copy of this document
SELLER
Date
19
DATE
19
SELLER
Date
BUYER
WITNESS
FRANKLIN•HAMPSHIRE COUNTY ASSOCIATION OF REALTORS,@ INC.
NORTHAMPTON CONSERVATION
COMINIISSION
PROPOSED CHANGES TO 40 AUDUBON ROAD
*REFER TO ATTACHED DRAWINGS*
(June 6, 1995)
The property at 40 Audubon Road in Leeds has fallen into disrepair over the years.
This lack of maintenance and several key design mistakes need attention before the property
can be made useful again.
I intend to purchase this property and need to know if my plans are feasible in
regards to the Zoning Board.
The lower wooden section of the building is over forty (40) years old, in very poor
condition and is nearly useless in its current state. This lower level also has a long history
of water seepage during the spring thaw and requires a sump to keep it from flooding.
I propose to renovate this structure by tearing it down completely and removing
everything but the foundation. My intention is to fill the existing foundation with gravel and
re -cap the foundation with concrete creating a new concrete slab floor approximately 4 feet
higher than the original floor. A new steel building could then be erected on this slab.
The current steel building would remain as is with cosmetic updates.
The barn would be completely removed and not replaced,
The sidewalk near the barn would be removed and not replaced.
The steel building dock area currently collects water after a heavy rain. This is due
in part to a lack of roof gutters and run -off from the driveway. New rain gutters and a
properly pitched and paved driveway along with improved grading near the building itself
would eliminate current water pooling problem.
Respectfully submitted,
��i 0 N
JUL 2 4 1995
William F. Seney
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310 CMR 10.99 n
Form 2
- Commonwealth
of Massachusetts
;r
DEP Fle No. 6-
(To De provided Dy DEP)
CIry �Town Northampton
Applicant William Seney-. I /M Date Request Fled !
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
& NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Co mi ssi nn - Issuing Authority
To William Seney same
(Name of person making request) (Name of property owner)
Address
40 Audubon Road, Leeds 01053
This determination is issued and delivered as follows:
Address
by hand deiivery to person making request on (date)
i
A by certified mail, return receipt requested on MC L4 I. (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
40 Audubon Road, Leeds, MA 01053
Lot Number: (MAP ID. 46) 10B — Parcel 4611
This Determination s ositiv
1. C The area descr A ch includes all /part of the area described in your request, is an
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.
r
2. C 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 ,1/"0/89
2 -1
S`/ `"y
3. The work described below, which includes all; part of the work described.in your reouest, is within
the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Unoer
the Act. Therefore, said work requires the filing of a Notice of Intent.
A row of hay bales shall be placed along the stream and the distrubed area shall be
re- seeded and mulched within 30 days of completion of grading.
This Determination is negative:
1. ❑ The area described in your request is not an Area Subject to Protection Under the Act.
2. 7 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 ih your request is within the Buffer 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. G The area described in your request is Subject to Protection Under the Ac:, but since the work
described therein meets the requirements for the following exemption,as specified in the Act and
the regulations, no Notice of Intent is required:
Issued by _ Northampton Conservation Commission
Signature(s)
On this � '
day of 19 2- 5 71— , before me
personally appeared___l Y) _ a r � n - , to me known to be the
person described in, and who executed, the foregoing instrument, and acknAwledaed that he!shb executed
the same as his/her free act and deed.
Notary Public My c mmission expires
This Determination does not relieve the applicant from complying with all other applicable federal, state or local statutes. ordinances.
by -laws or regulations. This Determination shall be valid for three years form the date 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 in which such land is located, are hereby notified of their fight to request the Department
of Environmental Protection to issue a Superseding Determination of Applicability, providing the reouest is made oy certified man 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 pays from
the date of Fssuanee of this Determination. A copy of the request shall at the same time be sent by certified mail or nano delivery to the
Conservation Commission and the applicant. f
2 -2A
This Determination must be signed by a majority of the Conservation Commission.
NINE COPIES OF CO�,.�ETE FILING TO THE NORTHAMPTON C COMMISSION
- ONE COPY OF COMPLETE FILING TO DEP, Wetlands Division, SPRINGFIELD
310 CMR 10.99 $20.00 CHECK PAYABLE TO: THE CITY OF NORTHAMPTON
Form 1
.a
P P-e
Commonwealth
of Massachusetts
DEP Fn No. 246_
(To be PmvxW by DEP)
Ciiylown ^ Nor // thampton O
Aoolican; i /U/ /I
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131 §40
& NORTHAMPTON WETLANDS PROTECTION ORDINANCE
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 described below, is subject to the jurisdiction of the Wetlands
Protection Act, G.L. c. 131, §40.
2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the
location of the area subject to this request.) ATTACH LOCUS MAP SHOWING SITE LOCATION.
Location: Street Address 40
Lot Number: (MAP TT) #) /O $ //
3. The work in said area is described below. (Use additional paper, if necessary, to describe the
Proposed work.)
5�Cg f4Tr*cweo Sme rS
1 -1
.
Effective 11/10/89
4. Tne owner(s) of the area. if not the person making this request, has been given written notification of this
request on 4' �S 3' (date)
The name(s) and address(es) of the owner(s):
ff� 3 A-- . (�Tti'`''t=
Gf� T�2 /` /e D �D
L�EV s A4+ o o S3
5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts
Department of Environmental Protection S (date)
DEP Western Regional Office
State House West, 4th Floor
436 Dwight Street
Springfield, MA 01103
I understand that notification of this request will be placed in a local newspaper at my expense in accor-
dance with Section 10.05(3) (b) 1 of the regulations by the Conservation Commission and that I will be
billed accordingly if a mr, I also grai7t permission fir the Conservdtion Coamission to
inspect my property prior to the Public 5?�ring.. _
Address
-.
Name M• S it y
r
AA i cgo el. 4(3 S'Z 9 ZQ g
1 -2
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NORTHAMPTON CONSERVATION
COMMISSION
PROPOSED CHANGES TO 40 AUDUBON ROAD
*REFER TO ATTACHED DRAWINGS*
(March 22, 1995)
The property at 40 Audubon Road in Leeds has fallen into disrepair over the years.
This lack of maintenance and several key design mistakes need attention before the property
can be made useful again.
I intend to purchase this property and need to know if my plans are feasible in
regards to the Conservation Commission.
The lower wooden section of the building is over forty (40) years old, in very poor
condition and is nearly useless in its current state. This lower level also has a long history
of water seepage during the spring thaw and requires a sump to keep it from flooding.
I propose to renovate this structure by tearing it down completely and removing
everything but the foundation. My intention is to fill the existing foundation with gravel and
re -cap the foundation with concrete creating a new concrete slab floor approximately 4 feet
higher than the original floor. A new steel building could then be erected on this slab.
The current steel building would remain as is with cosmetic updates.
The barn would be completely removed and not replaced,
The sidewalk near the barn would be removed and not replaced.
The steel building dock area currently collects water after a heavy rain. This is due
in part to a lack of roof gutters and run -off from the driveway. New rain gutters and a
properly pitched and paved driveway along with improved grading near the building itself
would eliminate current water pooling problem.
Respectfully submitted,
William F. Seney
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NORTHAMPTON CONSERVATION
COMMISSION
PROPOSED CHANGES TO 40 AUDUBON ROAD
*REFER TO ATTACHED DRAWINGS*
(March 22, 1995)
The property at 40 Audubon Road in Leeds has fallen into disrepair over the years.
This lack of maintenance and several key design mistakes need attention before the property
can be made useful again.
I intend to purchase this property and need to know if my plans are feasible in
regards to the Conservation Commission.
The lower wooden section of the building is over forty (40) years old, in very poor
cc and is nearly useless in its current state. This lower level also has a long history
of water seepage during the spring thaw and requires a sump to keep it from flooding.
I propose to renovate this structure by tearing it down completely and removing
everything but the foundation. My intention is to fill the existing foundation with gravel and
re -cap the foundation with concrete creating a new concrete slab floor approximately 4 feet
higher than the original floor. A new steel building could then be erected on this slab.
The current steel building would remain as is with cosmetic updates.
The barn would be completely removed and not replaced,
The sidewalk near the barn would be removed and not replaced.
The steel building dock area currently collects water after a heavy rain. This is due
in part to a lack of roof gutters and run -off from the driveway. New rain gutters and a
properly pitched and paved driveway along with improved grading near the building itself
would eliminate current water pooling problem.
Respectfully submitted,
William F. Seney
Form 5 OEaE File No. 246 -192
L- (To be provided by OEQE)
I
6; Commonwealth City /Town Northampton
1 of Massachusetts Applicant David Bergeron
y
V
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
From N orthampton Conservation Commission
To David L. Bergeron Ernest J. Heon, Sr.
(Name of Applicant)
(Name of property owner)
Address 54 Audubon Rd. , Leeds, MA 01053 Address 30 Audubon Rd. , Leeds, MA 010
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
0 by certified mail, return receipt requested on April 6 . 1988 (date)
This project is located a t 40 Audubon Rd., Leeds (parcel 45 of sheet 10B of the Nor thampton
Assessor's Maps)
The property is recorded at the Registry of Hampshire
Boo 2227 Page 315
Certificate (if registered)
The Notice of Intent for this project was filed on March 22, 1988 (date)
The public hearing was closed on
Findings
March 28, 1988
(date)
The Northampton Conservation Commission has reviewed the above- referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
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
❑ Private water supply
❑ Ground water supply
U X Flood control
x Storm damage prevention
❑ Prevention of pollution
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❑ Land containing shellfish
❑ Fisheries
❑ Protection of wildlife habitat
Effective 11 / 1 /87
.../
Therefore, the Conservation Commission hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter- fr _
ests checked above. The Conservation Commission orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol-
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
General Conditions
Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges: it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with ad
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. y _
6. Any fill used in connection with this project shag be clean fig, containing no trash, refuse, rubbish or de-
bris, including but not limited to lumber, bricks, piaster, wire, lath, paper, cardboard, pipe, tires. ashes,
refrigerators, motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the land
Court for the district in which the land is located, within the chain of title of the affected property. In the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land, the
Final Order shall also be noted on the land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the Commission
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words, "Massachusetts Department of Environmental Quality Engineering,
Fie Number 246- 192
10. Where the Department of Environmental duality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed._
12. The work shall conform to the following plans and special conditions:
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Plans:
Title Dated Signed and Stamped by: On File with:
Sketch of s tones knocked 3/ Northamp office of
Planning & Development
of wa ll
Special Conditions (IIse additional papet if accessary)
1) All construction areas shall be restored to or_'ginal condition or better upon completion of the project,
including vegetation;
2) No areas within the 100 year floodplain nor within 100 feet of a wetland area, as defined in Chapter I3I,
th
Section, M.G.L., shall be permissabls disposal sites, unless otherwise approved by the Conservation
Commission;
3) Excavated material and topsoil stockpiles shall be located and stabilized so as to minim washing into
wetland areas or waterways;
4) Adequate measures shall be taken to prevent erosion and siltation of all disturbed areas;
5) This Order of Conditions shall apply to any successor in interest or successor in control;
6) Members and agents of the C Commission shall have the rgat to enter and inspect the premises
to evaluate compliance with the Condition and to require the submittal of any data deemed necessary by
the Commission for that evaluation;
7) (if checked) Upon completion of the project, the Applicant shall submit a statement from the Project
Engineer that all worn has been done in conformance with the provision of the approved Order of
Conditions.
( ) YES
...................... ........................(Leave apace Black)
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DEQE File No. 246- 192
pecial Conditions (continued)
8 The applicant shall notify the Conservation Commission, in writing, as to the date that work will be
commencing on the project. Said written notification must be received by the Commission no sooner than
ten (10) days and no later than seven (7) days prior to the commencement of the approved activity.
99 (if checked) The Applicant shall complete and execute the attached ATMACMENT "A" /NOTICE OF POSSIBLE
WETLANDS RESTRICTIONS UNDER M.G.L. C. 131, 5.40 relative to this project on this site
Said AT " A " shall be attached to, become a part of, and shall be filed with this Order Of
Conditions at the Registry of Deeds. The Applicant shall return a copy of the completed and notarized
AT"ACi�= "A" to the Conservation Commission when the bottom portion of Page 5 -4A of this Order of
Conditions Of Conditions' is returned. M YES ( ) NO
10) The applicant shall install a siltation fence before the restoration commences. This
fence shall be installed in the first location where the stream widens sufficiently
to accommodate the fence (on the downstream side of reservoir Road is one suggested
location).
11) During the restoration, the backhoe (or other piece of equipment used) shall be
kept out of the channel of the stream.
11) When the work is completed, the accumulated silt on the fence shall be removed
separately before the fence itself is removed.
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Issued ey Northampton Conservation Commission
This Crder must be signed by a majority of the Conservation Commission.
On this 6th day of April 19 8 .before me
personally appear Ralph Emrick , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that heishe executed
th a as hisi her free act and deed.
WENDY MAZZA
/ _
X-11= �Y NWi—ee
Notary Public My commission expires MY COMMISSION EXPIRE
OCTOBER 24,1991
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 Quality Engineering to issue a Superseding Order. providing the request is made by certified matt or hand delivery to
the Department within ten days from the date of issuance of this Order. A copy of the request shad at the same time be sent by certified
mail or hand delivery to the Conservation Commission and the applicant
Detach on dotted line and submit to the Northampton Conservation Commi s s i " to commencement of work.
Northampton Conservation Commission Issuing Authority
To
Please be advised that the Order of Conditions for the project
Fie Number has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on t 9
If recorded land, the instrument number which identifies this transaction
It registered land. the document number which identifies this transaction i
Applicant
Signature
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g. Have all obtainable permits. variances and approvals required by local by -law been obtained?
Yes J�J No ❑
Obtained:
Applied For: Not Applied For.
g. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. C. 131, §40A or G.L.
C. 130, §105? Yes X No ❑ '
10. List an plans and supporting documents submitted with this Notice of Intent.
Identifying Title, Date
Number /Letter
1414 Too Ma
1415
Y
11. Check those resource areas within which work is proposed:
(a) ❑ Buffer Zone
(b) Inland:
In Bank Land Subject to Flooding,
❑ Bordering Vegetated Wetland* ❑ Bordering
0 Land Under Water Body & Waterway • ❑ Isolated
(c) Coastal:
❑
Designated Port Area*
• Land Under the Ocean*
• Coastal Beach •
❑
Coastal Dune .
• Barrier Beach
❑
Coastal Bank
• Rocky Intertidal Shore •
•
❑
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Salt Marsh •
Land Containing Shellfish •
❑ Land Under Salt Pond
❑ Fish Run •
• Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General Instructions for ,
Completing Notice of Intent.
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12 Is the wetland resource area to be altered by the proposed work located on the most recent
Estimated Habitat Map (if any) of rare, "state - listed" vertebrate and invertebrate animal species
occurrences provided to the conservation commission by the Natural Heritage and Endangered
Species Program?
YES [ ] NO (X ] Date printed on the Estimated Habitat Map issued
NO MAP AVAILABLE [ ] (if any)
If yes, have you completed an Appendix A and a Notice of Intent and filed them, along with
supporting documentation with the Natural Heritage and Endangered Species Program by
certified mail or hand delivery, so that the Program shall have received Appendix A prior to the
filing of this. Notice of Intent?
YES [ ] NO [ ]
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Part lh Site Description
Indicate which of the following information has been provided (on a plan, in narrative description or calcula-
tions) to clearly, completely and accurately describe existing site conditions.
Identifying
Number /Letter
(of plan, narrative
or calculations)
Natural Features:
Soils
Vegetation
X% Topography -
Open water bodies (including ponds and lakes)
Flowing water bodies (including streams and rivers)
Public and private surface water and ground water supplies on or within 100 feet of site
Maximum annual ground water elevations with dates and location of test
Boundaries of resource areas checked under Part I, item 11 above
Other
Man -made Features:
Structures (such as buildings, piers, towers and headwalls)
Drainage and flood control facilities at the site and immediately off the site, including
culverts and open channels (with inverts). dams and dikes
Subsurface sewage disposal systems
Underground utilities
Roadways and parking areas
Property boundaries, easements and rights -of -way
Other
Part lik Work Description
Indicate which of the following information has been provided (on a plan, in narrative description or calcula-
tions) to clearly, completely and accurately describe work proposed within each of the resource areas
checked in Part 1, item 11 above.
Identifying
Number /Letter
(of plan, narrative
or calculations)
Planview and Cross Section of:
Structures (such as buildings, piers, towers and headwalls)
Drainage and flood control facilities, including culverts and open channels (with inverts),
dams and dikes
Subsurface sewage disposal systems & underground utilities
Filling, dredging and excavating, indicating volume and composition of material
Compensatory storage areas, where required in accordance with Part III, Section 10:57
(4) of the regulations
Wildlife habitat restoration or replication areas
Other 5 e * mr
Point Source Discharge
Description of characteristics of discharge from point source (both closed and open
channel), when point of discharge fails 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:
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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 frequency storm;
3. Pre - and post - development rate of infiltration contributing to the resource area checked under Part I, item
11 above;
4. Estimated water quality characteristics of pre - and post - development run -off at the point of discharge.
Part IV: Mitigating Mmsures
1. Clearly, completely and accurately describe, with reference to supporting plans and calculations where
necessary:
(a) All measures and designs proposed to meet the performance standards set forth under each re-
source 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 regula-
tions do not apply.
❑ Coastal Resource Area Type:
:9 Inland
Identifying number or letter
of support documents
Normal repair of natural drainage
#1414 topo
to repair stones knocked from already lined
#1415 sketch
dry wall about 15 feet.
a siltation barrier of hay bales and poly -prop
netting to be used
To take place on Lot #45 Sheet 10B
City of Northampton -
❑
❑
coastal Resource Area Type:
Inland
kW tify ft number or letter
of support documents
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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 30 as to ensure that said work
does not a lt e r an area specified in pan 4 Section 10.02(1) (a) Of these regulations; or
(b) if work in the Buffer Zone will alter such an area, all measures and designs propo o sed meet the
performance standards established for the adjacent resource area specified in Part 11 r
Part lit of these regulations.
N-
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Part V: Additional Information for a Department of the Army Permit
1. COE Application No
(to be provided by COE)
2.
(Name of waterway)
3. Names and addresses of property owners adjoining your property:
Mrs. William Rogers, 48 Audubon Rd., Leeds,MA 01053
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. 8' /s " x 11 "drawings in planview and cross - section, showing the resource area and the proposed activ-
ity within the resource area. Drawings must be to scale and should be clear enough for photocopying.
Certification is required from the Division of Water Pollution Control before the Federal 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 isvoluntary, 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 of Intent and accompanying
plans, documents and supporting data are true and complete, to the best of my knowledge.
Date
Date
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FORM "Exception to ENG Fors 4343 approved by HQUSACE. 6 May 1982 ".
N G D 100 (TEST) . ,, this document contains a joint Department of the Army and State of Massachusetts application
1 MAY 82
for •permit to obtain permission to perform activities in United Stotts waters. The Office
of Management and Budget (OMB) 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 is 6 point type.
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David L. Bergeron
P.O. Box 245
Leeds, MA 01053
March 10, 1988
Northampton Conyer*ation Commission
City Hall
Northampton, MA 01060
Attention: Larry Smith
Dear Sir:
"..
On December 15, 1988 a pick -up truck was driven off Audubon Road,
Leeds and into Day Brook.
A number of large stones were knocked off the walls along the
brook and we wish to have these stones removed and reset on the
wall along the brook.
This is on the property of Ernest J. Heon, Audubon Rd., Leeds,
please note there may be damage to the wall of the brook that
is on the city property.
Thank you for your attention on this.
Ve % yours,
l�
av d geron
I am writing on behalf of Mr. Heon.
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