12-011A parcel a-2 planningFORM A
NORTHAMPTON, MA
Applicant Cyn thia J. Watson
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 Law is not
required.
1 .
2.
Print or type name Signature
P.O. Box 517, West Boothbay Harbor, ME 1 207 - 633 -5462
Address Phone
Owner Cynthia J. Watson
Print or type name Signature
P.O. Box 517, West Boothbay Harbor, ME
Address
3. Surveyor Heritage Surveys, Inc. `.
4.
5.
6.
Print or type name
P.O. Box 1 - Coll Highway,
Aaaress
APPLICATION FOR ENDORSEMENT
OF PLAN BELIEVED NOT TO REQUIRE APPROVAL
1- 207 - 633 -5462
Phone
Signature
South MA 01073 413 - 527 -3600
Phone
Deed or property recorded in Hampshire County Registry,
Book 2696 p age 235 & 236
Location and Description of Property: Parcel B = 1,216 square feet and
Parcel A -2 - 1,216 square feet.
Assessor's Map ID• 12
Lot(s): 11
Date Submitted for Planning Date Planning B d
Board Approval: Decisjo?L File M7
City Clerk: ICJ
City Clerk:
(Signature)
(8/13/91)
SUBDIVISION REGULATIONS - - - - -- -PAGE 60
11
M
.r V
7
310 CMF ;0
Form 8
Commonwealth
of Massachusetts
Mi. i2m
MAP ID. #
12 -11
DE? Fe No. 246- 999 -001
i7o oe ommea ov OEP;
Cm• Towr Northampton
Aw'"Can[ Watson
Certificate of Compliance
NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Commission
Issuing Authority
To Cynthia Watson
(Name)
- rq~.-x if
Date of Issuance ra�8, 199; .
150 North Farms Roa No r t hampton
(Ac -
This Certificate is issued for work regulated by an Order of Conditions issued to Cynthia Watson
dated 11/5/90 an issued by the Conservation Commissio
• It is hereby certified that the work regulated by the above- referenced Order of Condit,ons has
been satisfactorily completed.
2. — It is hereby certified that only the following portions of the work regulated by the above- refer-
enced Order of Conditions have been saf Mcterdy completed: (If the Certificate of Compii�nce
does not include the entire project, specify.vyhat portions are included.) -
3. It is hereby certified that the work regulated by the above- referenced Order of Conditions was
never commenced. The Order of Conditions has laosed and is therefore no lancervaltd. 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 Soace Blank)
a
8 -1
Effete ive 11 /10 /eq
, ./
�. 1 nis certificate snail be reccreed in the Regisay of Deecs or the Lana Court :or the Cistnc: in
whic^ the land is lccatsc. The Oreerwas originally rec - arced on November 16, 1990 (date)
at the Registry cf Hampshire Countq Book 3646 p 283
S The following conditions of -me Orcer shall continue: (Setforth any conditions contained in the
Final Orcer• such as maintenance or mcnitcnng. whic:t are to continue for a longer period.)
- No additional work within 100 feet or resource area, without a
new Wetlands Permit.
Issued by Northampton Conservation Commission
Sic
�j
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this Sth
day of , 19 9n before me
Personally appear -_ DJ y 3D E N G LER to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he'she executed
the same as hi$lher free act and deed.
Notary Public
My commissian expires
- • .
Detach on dotted line and submit to tlte Northampton Conservation ommi ccinn `
To Northampton Con ervation Cotr>mi scion
fsamnq A utrtarnry
Please beaC% n3 eQdara eCernticateorCcmpiancewvw tat; 150 North Farms Road, Northampton
Rre rvumcer 246-99 9-001 tws c een wed at the A e gisaY at -
Hampshire Cou
an_ :sas Mean notee :n Sze chain of rtie ci :re attec:ea croc•ry cn
�s
:t rec =aac :anc. ,•ne :nstnument 11tarcer :vri= :cennnes .'.'.:s - ansarcn a
is erec :arc. -ne c__anenr.
^•w -aer •.vrt:� �e ^;:!res :^s �„rtsaccarr :g
S4na ;.•re
recant
-1)
O Nan
310 CMR 10.99 OZ120
Form 5
b�.
_ - Commonwealth
of Massachusetts
-_
.. gd6K 364F� PAGE 0ti79
oEP File Mo. 1 246- 999 -001
(to be Oa-Vow by OEP)
Ory, Town Northampton
Aaaficant Watson
Order of Conditions
t
J AND THE
NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Commission
To Cynthia Watson
(Name of Applicant)
Same
(Name of property owner)
Address 150 North Farms Road Address
This Order is issued and delivered as follows:
by hand delivery to applicant or representative on (cafe)
X by certified mail, return receipt requested on =�f ' I , 1990 (date)
This project is located at 150 North Farms Road
Northampton, MA
The property is recorded at the Registry of Hampshire County
Boo 2696 p age 235
Certificate (if registered)
The Nofice of Intent for this project was filed on October 1, 1990 (date)
The public hearing was closed on October 1 1 990 (date)
Findings
The Northampton ConGPrunti nn Commi ssi nn has reviewed the above -ref6 enced Notice of
Intent and plans ano has neld 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 accorcance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Unoer the
Act (check as appropriate):
w
❑ Public water supply ❑ Flood control ❑ Land containing shellfish
El Private water supply ❑ Storm damage prevention ❑ Fisheries
❑ Ground water supply ❑ Prevention of pollution ❑ Protection of wildlife habitat
Total Fling Fee Submitted $
City/Town Share $
Total Refund Due S 0 City/Town Portion S _
(' /z total)
State Share $
('h fee in excess of S25)
State Portion" S
('/z total)
Effective 11110/89 5 -1
BONN .3 G a ,, qE 0280 -"so,
Therefore, the Northampton Conservation Comm. hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter-
ests checked above. The Conservation Commission orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol-
lowing conditions modify or differ from the plans. specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
General Conditions
1 . Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges: it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal. state or local statutes, ordinances, by -laws or regulations.
a. 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 maybe extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de-
bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes,
refrigerators, motor 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 registered1and. 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 Protection,
File Number
999 -001
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.
1 1 . Upon completion of the work described herein, the applicant shall forthwith request in writing that a
Certificate of Comoiiance be issued stating that the work has been satisfactorily completed.
1 2. The work snall conform to the following plans and special conditions:
5 -2
N%W
Plans: (See also Page 5 -3 B)
Title Dated
Plan surveyed for
C nthia Watson 4/29/90
t _.
.../
buOK 3646 PAGE Q �1
Sioned and Stamped by
Heritage Surveyors
On File with
Northampton Cons. Co mmission
Conservation Commiss
Conservation Commiss
Conservation Commiss
Special Conditions (Use additional paper if necessary)
13) All construction areas shall be restored to -original condition or better upon completion of
the project, including vegetation;
14) No areas within the 100 year floodplain nor within 100 feet of a wetland area, as defined
in Chapter 131, Section, M.G.L., shall be permissible disposal sites, unless otherwise
approved by the Conservation 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 the U.S.D.A. Soil Conservation
Service, "Guidelines for Soil and Water Conservation in Urbanizing Areas of Massachusetts."
Placement shall be directed at the site by the project engineer in order to accomplish
maximum control of products of erosion and ensure that no eroded materials will reach
wetland resource areas. Hay bales must be staked and entrenched for maximum control. Silt
fencing must be of sufficient porosity to pass detained water without allowing suspended
sediments to pass through fence.
17) The areas of construction shall remain in a stable condition at the close of each con-
struction day. Erosion controls shall be inspected at this time, and maintained or
reinforced to meet specifications in the plans and this order, including condition 4 above.
18) This Order of Conditions shall apply to any successor in interest or successor in control;
19) Members and agents of the Conservation Commission shall have the right to enter and in-
spect the premises to evaluate compliance with the Conditions and to require the submittal
of any date deemed necessary for that evaluation;
20) Upon completion of the project, the Applicant shall submit
the project engineer that all work has been done in with the
approved Order of Conditions:
................................................................... ............................... ........................
(Leave Space Blank)
a statement from
provisions of
5-Jn
r BG� --Q! j PAGE 0282 -Me
Plans: (See also page 5 -3A)
Title Dated Signed and Stamped by: On File with:
Conservation Commiss
Conservation Commission
Conservation Commiss
Conservation Commiss
Special Conditions (use.additional paper ff necessary)
21) (if checked) An "As Built" plan shall be included with the project engineer's statement,
detailing the post - development conditions of the site: ( )YES ( X)NO
22) 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 five (5) days prior to the
commencement of the approved activity.
23) The owner of the property described in this Order must advise any potential buyer of the
property that any• construction upon or alteration to said property, including brush clearancF
may require action- by the Northampton Conservation Commission and any instrument conveying ar
or all of the owner's interest in said property or any portion thereof shall contain language
substantially as follows: This property may be subject to the Northampton Wetlands Protection Ordinance,
the Wetlands Protection Act-, an Order of Conditions, and /or a determination of applicability from the Northampton
Conservation Commission.
24) Any fill used in this project shall be clean fill only, which can include soil, gravel,
rock, and loam. The applicant is prohibited from using demolition materials, asphalt,
large chunks of concrete, tree stumps and limbs, and general refuse.
25) The contractor is responsible with the applicant and property owner for any violation and
the penalties under the law for such violation. While all activities regulated by this
Order are being performed and during the construction phase for this project, an on -site
foreman; directing engineer, "or designated construction manager, shall have a copy of
this permit at the site, familiarized himself, or herself with the conditions of this
permit, and adhere to such conditions. A copy of the plans and Order must always b4 on-
site and in all excavating machinery when work is being performed.
26) All required permits must be obtained from the Planning Board, zoning Board, Dept. of
Public Works & Building Inspector prior to the start of this project and. all permits
must be complied with. Army Corps of Engineers 404 permits and Water Quality Certification:
must be obtained prior to the start of projects involving fill within areas of Cc s
_ JuRsdiction.
...................... ...............................
..............
27 Before ANY work begins on the project a final grading plan must be submitted to and
approved by the Conservation Commission.
w
5 -38
v,..
100" BOOK 3646 PAGE 0 283
Issued By Northampton Conservation Commission
Signature(s
This Order must be signed by a majority of the Conservation Commission.
On this -f5th day of _ 1 g 90
.before me
personally appeared G dy'l /►r ao 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
WAYNE M. REIDEN
NOTARY PUBLIC
MY OOMMIfftON 6111041 JAN. 16. 10"
My commission expires
The applicant, me owner, arty person aggrieved by this Order, any owner of land abutting the land upon which the proposed work is to be
Cone. or any ten residents of the city or town in wnich such land is located, are hereby notified of their right to request the Department of
Environmental Protection to issue a Superseding Oroer, providing the request is made by certified mail or hand delivery to the Department,
with me 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 oelivery to the Conservation Commission
and the applicant.
.
Detach on dotted line and submit to the Northampton Conservation Comm prior to commencement of work.
; Northampton Conservation Commission
lssu:ng Autnony
Please be advised that the Oroer f Conditions for the protect a 150 North Farms Road
99 01 . Nort�amgt, on, IA
= Numoer 246— , as peen recoroea at the Registry of am s ire ounty anc
has peen noted in the cram of title of the artectea property in accordance with General Condition 8
If recorded land. the instrument numper wtnCh idertnfies -I1s transaction rs
If registered land, the accument numper which idenrrties this transaction is
t9
-�CCllcar.*
.'^.-4A
Datl /l0 1990 at lL o'clock and = minutes / X, Rec'd ent'd and ex
agar
'VOW
..s
FORM A
NORTHAMPTON, MA
APPLICATION FOR ENDORSEMENT
OF PLAN BELIEV 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 Law is not
required.
1. Applicant CYA/rV60 � • cy4 �-�o.✓ �.1Q
Print or type name Sign ure
S'O
Address
S
2. Owner CYeV ' ✓. Gy yy ,J
Print or type name
f T - .S
ol''co Phone
Sig tune
Address m21?,'41'1w , /t-een t e io o Phone
3 . Surveyor S c �
Print or type name Signature
6 EcSE s5 cd
Address
sr 0 /en .TZ :P- 3 G y o
Phone
4 . Deed or property recorded in %1/h� .lam- tPracJ�h f � 9 S r` or
ery
Book 2(o y� Page �
5. Location and Descri tion of Property:
6. As -- -
Lot(s)
NOV 8 WO
NOV 7
Date Submitted - .-€or- Planning
card Approv
f
City Clerk �
( at
10/01/90
Date Plan n card � ?,� 0' FJCE
Decision F' led: ---- -- � „�` 060
v �
City Clerk•
(Signature)
DATE: March 21, 1991
Certificate of Granting of Variance or Special Permit
(General Laws, Chapter 40A, Section 11)
THE ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON HEREBY
CERTIFIES THAT A VARIANCE OR SPECIAL PERMIT HAS BEEN GRANTED:
TO: CYNTHIA J. WATSON
ADDRESS: 150 NORTH FARMS ROAD
CITY: NORTHAMPTON, MA 01060
AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR
BUILDINGS AT: CORNER OF NORTH FARMS ROAD AND COUNTRY WAY, ADJACENT
TO 150 NORTH FARMS ROAD.
And the said Zoning Board of Appeals further certifies that the
decision attached hereto is a true and correct copy of its decision
granting said Variance/ Special Permit, and that copies of said
decision, and all plans referred to in the decision, have been
filed with the City Clerk.
The Zoning Board of Appeals 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.
ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON
.r'
CITY OF NORTHAMPTON
ZONING BOARD OF APPEALS
NORTHAMPTON, MASSACHUSETTS 01060
By: By: -�
Robert C. Buscher, Chairman R. J. Pascucci, Secretary
DECISION OF
NORTHAMPTON ZONING HOARD OF APPEALS
At a meeting held on March 6, 1991, the Zoning Board of
Appeals of the City of Northampton voted unanimously to GRANT
the request of Cynthia J. Watson for a Special Permit under the
Provisions of Sections 16.5 and 16.7 of the Northampton Zoning
Ordinance, to allow excavation closer than five feet from the
annual high groundwater table, said excavation being the cellar
hole for a proposed single - family dwelling on an 80,002 square
foot parcel at the corner of Country Way and North Farms Road,
a small portion of which is wetland. Present and voting were
Chairman Robert C. Buscher, William R. Brandt, and Dr. Peter
Laband.
The Findings were as follows under the provisions of Section
10.10:
1. The requested use is listed in Sections 16.5 and 16.7
as requiring a Special Permit.
i�
2. The requested use bears a positive relationship to the
public convenience or welfare.
�I
3. The requested use will not create undue traffic
congestion or unduly impair pedestrian safety.
4. The requested use will not overload any municipal
systems. Both water and sewer are on -site, and the 80,002
square foot lot meets the requirements of the Water Supply
Protection Overlay District.
5. The requested use will not unduly impair the integrity
or character of the district or adjoining zones, assuming
the conditions below are adhered to. The proposed use is
not inconsistent with its surroundings.
The Findings were as follows under the provisions of Section
16.7:
;! 1. The proposed use is in harmony with the purpose and
intent of this ordinance, and will promote the purposes of the
I.
Water Supply Protection District.
2. The proposed use is appropriate to the natural
li topography, soils, and other characteristics of the site to be
developed.
3. The soil is suitable for both on -site sewerage and
water systems.
4. The proposed use will not, during construction or
thereafter, have an adverse environmental impact on groundwater
resources in the district.
SNOW, ,no,,
NORTHAMPTON ZONING BOARD OF APPEALS DECISION
APPLICATION OF CYNTHIA J. WATSON
PAGE TWO
5. The proposed use will not adversely affect the
existing or potential quality and quantity of water in the
Water Supply Protection District.
THE FOLLOWING CONDITIONS SHALL APPLY:
1. The 27 conditions spelled out in the Order of
Conditions issued by the Northampton Conservation Commission on
November 5, 1990, contained in DEP File No. 246 - 999 -001, must
be adhered to.
2. If oil heat is chosen for the proposed dwelling, an
impermeable barrier must be placed around the oil tank, capable
of catching any oil that leaks from the tank or spills as a
result of the overfilling of the tank.
3. Drainage from the footing drain, and from any sump
pump, must drain toward the wetlands, as shown on the plan.
The Watsons must grant a drainage easement to the purchaser of
the subject parcel, allowing him to drain water towards the
wetland, as shown on the plans, in perpetuity.
The Special Permit is granted.
Robert C. Buscher, Chairman
i
Dr. Peter taband
William R. B dt
Northampton Zoning Board of Appeals
March 6, 1991 Meeting
Page One
The Northampton Zoning Board of Appeals met at 7:00 p. m. on
Wednesday, March 6, 1991 in Council Chambers, Wallace J. Puchalski
Municipal Building, Northampton, to continue, from January 2, 1991,
the Public Hearing on the Application of Cynthia J. Watson for a
Special Permit under the Provisions of Section 16.7. Present and
voting were Chairman Robert C. Buscher, Dr. Peter Laband, and
William R. Brandt.
Ch. Buscher began the meeting my reading a January 4, 1991 memo
from the Board of Health agent, and a January 10, 1991 memo from
the DPW. He called for proponents' comments, and Mrs. Watson said,
"I think we have done our homework, received recommendations from
different boards, and I hope we get this permit." Her attorney,
Charles Kadison, added, "I've read the application and the minutes.
They have met all the criteria, and the facts in evidence support
their request." Dr. Laband recalled that "a bone of contention was
the Hestons on the drainage issue." Mrs. Watson replied, "The day
after the last hearing, the Hestons invited me to their home, and
told me they had no problem with what I wanted to do." Mr. Brandt
commented, "I have no problem with this. The ConsCom approves. Is
it common to encase an oil tank in concrete in a watershed area ?"
Both Mr. Feiden, the Conservation Planner, and Atty. Kadison
replied, "Yes." Dr. Laband added, "I see no problem."
There being no other proponents, and no opponents, Dr. Laband moved
to close the public hearing. Mr. Brandt seconded, and the motion
passed unanimously.
Mr. Brandt said, "I have no problem with this. The Planning Board
had three conditions which we should attach. We must restrict this
to the plans provided, and the house located where it is shown on
the plans." Mrs. Watson commented, "We have to go back to the
ConsCom for final approval. The building envelope is established
by them, and the building will be placed within it. The ConsCom
has proscribed all four setbacks."
Mr. Brandt added, "The criteria for a Special Permit are met. I'd
vote in favor, with the ConsCom and Planning Board conditions." Dr.
Laband stated, "It meets all the 10.10 criteria. I'd vote in
favor." Ch. Buscher looked to Section 16.7, and found that the
criteria spelled out in Paragraph (b)(1)(a through e) had been
satisfied. He commented, "The only part of this lot that perks is
uphill, but the technology exists to do this. She should not be
penalized because it's a little different. It is a percable lot.
It will not have adverse impact. If the ConsCom conditions are
complied with, and they must be, there should be no problem. The
DPW has sidestepped the groundwater problem. I'll vote in favor,
with all the conditions of the ConsCom and the Planning Board. Mr.
Brandt so moved, Dr. Laband seconded, and the motion passed
unanimously.
Robert C. Buscher, Chairman
*am- .../
Northampton Zoning Board of Appeals
February 20, 1991 Meeting
Page One
The Northampton Zoning Board of Appeals met at 7:00 p. m. on
Wednesday, February 20, 1991 in Council Chambers, Wallace J.
Puchalski Municipal Building, Northampton, to continue, from
January 2, 1991, the Public Hearing on the Application of Cynthia
J. Watson for a Special Permit. Present were Chairman Robert C.
Buscher, William Brandt, and M. Sanford Weil, Jr. Mrs. Watson had
contacted the Board Secretary during the prior week and explained
that she would be out of town tonight, and asked that it be again
continued to March 6, 1991. Mr. Brandt so moved, Mr. Weil
seconded, and the motion passed unanimously.
Also present, in addition to those mentioned, was R. J. Pascucci,
Board Secretary.
Robert C. uscher, Chairman
N"%_ ../
Northampton Zoning Board of Appeals
January 2, 1991 Meeting
Page One
The Northampton Zoning Board of Appeals met at 7:25 p. m. on
Wednesday, January 2, 1991 in Council Chambers, Wallace J.
Puchalski Municipal Building, Northampton, to conduct a Public
Hearing on the Application of Cynthia J. Watson for a Special
Permit under the Provisions of Section 16.7 to allow construction
of a single - family dwelling on an 80,002 square foot lot at the
corner of North Farms Road and Country Way, in the Northampton
Water Supply Protection District. Present and voting were Chairman
Robert C. Buscher, Dr. Peter Laband, and William Brandt.
Ch. Buscher opened the Public Hearing by reading the Legal Notice,
the Application, a memorandum from the Northampton Planning Board,
a short note from the DPW, and a memo from the Northampton
Conservation Commission. He also read Sections 16.5 and 16.7, and
portions of the Section 10.10 criteria.
Mrs. Watson, of 150 North Farms Road, said, "I am asking for this
permit as outlined in my Application. Wayne Feiden walked me
through this." Ch. Buscher inquired, "You have one big lot with
your house on it. You are dividing that lot so you can create a
building lot for a single - family home. There is a wetland area
that is primarily on the parcel you are retaining, but partially on
the lot you are creating. The new lot is flat ?" "Yes," replied
Mrs. Watson. "Public sewer ?" asked Dr. Laband. "No," she replied.
"Natural gas ?" queried Mr. Brandt. "No," came the reply. Mr.
Brandt asked, "What is your reaction to the Planning Board and
ConsCom about the oil tank restriction ?" Mrs. Watson commented,
"No problem." Ch. Buscher asked, "Are you just selling the lot, or
are you going to build the house also ?" Mrs. Watson replied, "I
haven't thought that out." Dr. Laband asked, "Does the Board of
Health approve the leach field ?" Ch. Buscher commented, "I don't
think we can act until 35 days have passed since the Board of
Health was asked for an opinion. My only remaining question- -you
have 13 acres and are splitting off two. What's to become of the
other 11, a subdivision ?" "Yes," replied Mrs. Watson.
The chair called for proponents, but none were present. He called
for opponents, and the following people spoke: Frank Heston, 19
Country Way commented, "We were led to believe that the shape of
the lot is because sewage must be pumped uphill. The lot is a
wetland. They brought in a great deal of fill to raise the level
of the lot. The water drains into a swamp. There will be a lot of
water being pumped from that lot. It will flood the road. There
are liabilities as to road damage and accidents due to freezing
water. I'd like the buyer to be informed about the level of the
water table. The septic system goes to a sand bed already used by
three families." Mr. Brandt commented, "It perked. The city has
supposedly approved this." Mr. Heston continued, "I don't know if
the Board of Health approved the curtain drain." Mrs. Watson
interjected, "The fill and the curtain drain have been approved by
'*owl r./
Northampton Zoning Board of Appeals
January 2, 1991 Meeting
Page Two
the ConsCom. The wetland portion is extremely small."
Ch. Buscher remarked, "Part of the problem is that we aren't
getting the whole picture. We don't have the ConsCom approval."
Karen Larkin, 39 Country Way said, "I echo Mr. Heston's concerns
about safety on North Farms Road. There is ice on that road, and
in the Spring, there's a lot of water on the road that isn't
handled by the storm drain. More surface runoff will make it
worse. also, pumping water from the basement into the water supply
protection area is a concern. Also, what if there is a power
failure and bacterial waste can't be pumped uphill ?" Dr. Laband
inquires, "We are pumping sewage uphill ?" Mrs. Watson replied, "No
problem. If there's a power failure, there are three holding
tanks. Three engineers have said it's OK." Mr. Brandt added, "We
should wait for the Board of Health and ConsCom input."
Dr. Laband commented, "I have no real problem with a single - family
home, but we must be sure it meets all requirements. We are not
sure what exactly is going to be built here. I'd suggest we close
the Public Hearing and take it under advisement." Mr. Brandt
asked, "Can we restrict the development of this lot to what's on
the sketch ? Ch. Buscher concluded, "We need more from the
ConsCom. The conceptual problem doesn't bother me, but we need
more details. Let's continue this to February 6 for additional
testimony." Dr. Laband so moved, Mr. Brandt seconded, and the
motion passed unanimously.
Ch. Buscher addressed Mrs. Watson, "We want more information from
the ConsCom and the Board of Health. We are concerned that you
really don't have a specific plan for this new lot. That removes
everything from our control." Mrs. Larkin asked, "Can the abutters
ask the DPW for comments ?" Mrs. Watson stated, "The water runoff
will go to the wetland. It does not now. Mr. Heston's sump pump
has been pumping water onto my lot for six years. He has pumped
sewage onto my lot also. Ch. Buscher asked that public comments
cease.
Also present, in addition to those present, was R. J. Pascucci,
Board Secretary.
Robert C. Buscher, Chairman
N-r �
CITY of NORTHAMPTON
OFFICE of PLANNING and DEVELOPMENT
MEMORANDUM
TO: Zoning Board of Appeals
FROM: R. J. Pascucci for the Northampton Planning Board 01
SUBJECT: Cynthia J. Watson Special Permit
DATE: December 14, 1990
FILE
The Northampton Planning Board reviewed this Application on
December 13th. Applicant proposes to build a single - family
dwelling at the corner of Country Way and North Farms Road, in the
Water Supply Protection District, and thus needs a special Permit
under the Provisions of Sections 16.5 and 16.7 because there will
be cellar -hole excavation closer than three feet above the annual
high groundwater table. The Applicant has a positive perc test
approved by the Board of Health, and the Conservation Commission
has approved her plan. Her plans had provisions to prevent
contamination of ground water and erosion. The Site Inspectors had
no objections.
The Board moved to recommend that the Special Permit be
granted, subject to three conditions:
1. A drainage easement must be obtained to allow water to
drain to the wetland.
2. An impermeable barrier must be placed around the heating
oil tank, if oil is chosen as the heating source for the
house, capable of containing oil if the tank ruptures.
3. All recommendations of the Conservation Commission be
adhered to.
The vote was unanimous in favor, except for Mrs. Hale, a
nearby resident, who absented herself from the discussion and vote.
E I V
C = C 0 3 1990
Date Filed
OFFICE OF PLANNING ZONING PERMIT APPLICATION
& DEVELO MENT Zoning Ordinance Section 10.2
File No.
1. Name of Applicant e y.v77,4ig J.
Address: mo !lo vc/ Telephone:
2 . Owner of Property: Qk ✓. &4f_,rm8
Address: /.ta Ab. e5 .1h. d&&5E 7 Telephone: SSG
if
7 3. Status of Applicant X Owner Contract Purchaser
Lessee Other (explain )
0 4. Parcel Identification Zoning Map Sheet# r 2_ P arcelj //
Zoning District (s) .SiP
Street Address
5. Compliance with Zoning Existing Proposed
Use of Structure /Property of 1-106„d�,y�. 4 ^-
Size of Structure (sq. ft.) ZS'8o _ NDeb f - T
Building height s
Building Coverage Z o
Setbacks - front 3
- side 20
- rear 4r
Lot Size �b mo2 f. �Fo "X S
Frontage /x;25 /-V
Floor Area Ratio 2el
Open Space
Parking Spaces
Loading Spaces
Signs ,
Fill (volume & location) ,Q
6. Narrative Description of Proposed Work /Project (Use
additional sheets if necessary) A0uiL,0 e! s yj y j6fo.W
7• Attached Plans Sketch Plan ✓ Site Plan
8. Certification I hereby certify that the information contained
herein is true and accurate to the bes of knowledge.
Date: /2 - -90 Applicant's sign a e:�:
THIS SECTION FOR OFFICIAL USE ONLY '' - - - - - - -
Approved as presented 3 199
Denied as presented
Reason for Denial:L �7
Signature of Building Inspector Date 1 s ' :7 f
'
V90
' r✓
o
Y
'bate Filed - File No.
SPECIAL PERMIT APPLICATION
1. Issuinct Authority /ZBA Planning Board City Council
2 . Name of Applicant jp J . Wo 74Soo
Address: rm Telephone:
2
Q
I
0
F
U
3. Owner of Property C�E j /Q \) • wah7 ,0/7
Address: 5oIne:, Telephone: sue__
4. Status of Applicant Owner Contract Purchaser
Lessee Other (explain: )
5. Parcel Identification Zoning Map Sheett /o'Z Parcel
Zoning District(s) S P, ,
Street Address C a,14 (, o , and Abr Ft2M2t
6. Special Permit is being requested under Zoning Ordinance
Section / & . 7 , Page f – q ..
7.
F
8. State How Work /Proposal Complies with Special Permit Criteria
(See Applicant's Guide and use additional sheets if necessary) .
9. Attached Plans Sketch Plan V Site Plan
None Required
10. Abutters (See instructions. Use attached abutter's list)
11. Certification I hereby certify that I have read the GUIDE TO
APPLYING FOR A ZONING VARIANCE, SPECIAL PERMIT OR FINDING and
that the information contained herein is true and accurate to
the best of my knowledge.
Date: Applicant's Signature: J
3/90
Narrative Description of Proposed Work /Project (Use
additional sheets if necessary)
E C
Date Filed File No.
ZONING PERMIT APPLICATION
Zoning ordinance Section 10.2
1. Name of AuplIcAnt C y.�r7,A1A J. w,g -Tloj
Address: /r- A+,e F ps RO NBA 4e wKJ. Telephone: _ - d"
2. Owner of Property Cy ;, J. 404 - Fss.t - i
Address: /,m ,4,(v, F,�2,ys ,e, .Gm.►«, Telephone: g -,r��
3. Status of Applicant X Owner Contract Purchaser
Lessee Other (explain: )
4. Parcel Identification Zoning Map Sheett t 2- Parcelt
Zoning District (s) .ntl
n Street Address e y u /,,. y ,yo . /�.¢�Z.�s1 2D _
5. Compliance with Zoning Existing Proposed-
Use of Structure /Property 1/.te, 1 �--
Size of Structure (sq.ft.) 2YBo_men 9s
Building height 2 s
Building Coverage COED Z o
Setbacks - front 3
- side �
rear Vo
ry Lot Size
Frontage 1r
Floor Area Ratio ?°le
% Open Space 5',F'010
Parking Spaces
Loading Spaces ,
Signs ,v /1151
Fill (volume & location) W
6. Narrative Description of Proposed Work /Project (Use
additional sheets if necessary) A0WZ,0 X /;v,,r_ ?=wAe.,t y ,",yc
7. Attached Plans Sketch Plan ✓ Site Plan
8. Certification I hereby certify that the information contained
herein is true and accurate to the bes of knowledge.
.Date: /2 - - Applicant's Signature: I
THIS SECTION FOR OFFICIAL USE O Ij- i7
Approved as presented
Denied as presented 3
Reason for Denial: ,
Signature of Building Inspector Date � '7
/SO
� 4 �MMIYT
bate Filed File No.
SPECIAL PERMIT APPLICATION
1. Issuing Authority /ZBA Planning Board City Council
2 . Name of Applicant \f , 7
Address: r- Telephone:
0
Z
3 . Owner of Property L' c.yiyjla y • cyahsofi
Address: Sr,//? e�, Telephone: — Q a e_ _
4. Status of Applicant XOwner Contract Purchaser
Lessee Other (explain )
5. Parcel Identification Zoning Map Sheet# /oZ Parcel
Zoning District(s) z P, ,
Street Address O nrJ , Uk) Ll 1,17/1 �,•,
6.
7.
State How Work /Proposal Complies with Special Permit Criteria
(See Applicant's Guide and use additional sheets if necessary) .
8.
9.
10.
Attached Plans • Sketch Plan Site
None Required
Abutters (See instructions. -Use attached abutter's list)
11. Certification I hereby certify that I have read the GUIDE TO
APPLYING FOR A ZONING VARIANCE, SPECIAL PERMIT OR FINDING and
that the information contained herein is true and accurate to
the best of my knowledge.
Date: / Z- 3 - 90 Applicant's Signature:_ /_�,� c�
:/90
Special Permit is being requested under Zoning Ordinance
Section / ( . �' , Page
Narrative Description of Proposed Work /Project (Use
additional sheets if necessary)
J CMc 1 1C . 99
Form a
%...
Commonwealth
of Massachusetts
%1AP ID. #
DE? Fie Nc. 246- 999 -001
i ?o oe ororoo ov D .`1
Crtp towr Northampton
Aooucan: Watson
Certificate of Compliance
NORTHA�`PTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Commission issuing ALthority
To Cynthia Watson 150 North Farms Road, Northamp
(Name) (Acoress:
13114! lvi/.0
Date of Issuance 1995.
This Certificate is issued for work regulated by an Order of Conditions issued to Cynthia Watson
dated 11/5/90 nn d . issued by the Conservation Commissio
1. It is hereby certified that the work regulated by the above Order of Conditions has
been satisfactorily completed.
2. _ It is hereby certified that only the following portions of the work regulated by the above refer-
enced Order of Conditions have been swistdcteray completed: {If the Certificate of Compliance
does not include the entire project, specify.Wttat portions are included
♦ ,, ,
3. It is hereby certified that the work regulated by the above- referenced Order of Conditions was
never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future
work subiect to regulation under the Act may be commenced without filing a new Notice of Intent
and receivin: a new Order of Conditions. j
(Leave Soace B1Wkl
12 -11
6 -�
Effe^tve , 1I10lE-z
►=
T•
nos certificate snail be retCrCed in the Aeytsay of Oeecs or the hrrC Ccr:r; to fire dis:nc::n
whic , the land is Iccztec. The Orcerwas Originally recorded cn November 16, 1990 #,�atei
at the Regisny cf Hampshire County Scok 3646 P 283
The tcilr;wing ccnciucrs at me Order sail continue: (Setfcrth any conditions contained in the
Final Craer• suc as maintenance cr,menucnng, whic.`i are to continue fer a Icnger penec.)
- No additional work within 100 feet of resource area, witnout a
new Wetlands Perm+t.
Issued by Northampton Conservation Commission
S icnaiurefsl
i%�► N
When issued by the Ccnser(ation Commision this Certificate must be signed by a majority of is members.
S4ti 040-
` On this nth day of � y 19 before me
Personally appeare DA v V a G E N G LER to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the same as hisiher tree act and deed.
Notary Public My commission expires
Detach on dotted line and submit to the Northampton Conservation Commission '
To N)rthamnton Conservation Cotttmis ion Issumgauthcmy
Please beaavtseatratmeCa nficateofCamoiiartcetorra=rec tat: 150 North Farms Road, Northampton
FiieNumcer 246 - 999 001 rasaeenmc=edatmeaegutryof Hampshire County
anc nzs teen na ec :n me --na,n of ::ne v :::e attec.ea zroceer-v cn ! 9
a re_==ac :anc..,e :ns;n:.nert f••.uacer wr.:u =ennues =-s rtnsaron
erea :anc.:ne cc. •.:.went nu—.cer .vn ^ mss. ^. -!:es .: s =--nsac`cn :s
5;ynz:. re
;czncant
O
O
� P
Q a
�1 o-
�4
a�
i�
�9
t�
I N
t 1 r % Detach on dotted line and submit to the N6r"�tha Conservation Comin,
— -- ..........._._._ -_� - prior to commencement at vm
ro _ North
am ton Conservation, rn.m„4....4. -_
:55u:n5 �+ony
Please De advised that the Order of Conditions for me pnrolect at X40 Al Rl
r o. •✓oz/Z
;;e yumzer 746_ Nor>am on,
nas oeen reGd at the F.�:sty of am Sg re y
ha5 oeen noteo in me Cna,n of title of itie affected orooeny in accordance wpm General Condition 8 on end
It recorded Land. the "Strument nurnoer w ntct, i denaties trus tansacaon J� y3 t9�
/
If registered i8p/ d- one do •m nt numoer wn,cn identifies this
l/ ^' t7'anSaCflOn is
'j-
5 -4A
;fit ;; :;. t , `• .,. ; ;,., t;t;>i i : _
,•.......• :;ry. ,.. • : : : :c•;i, ?.� ?�F .. ??;#a`i.�t?.,,t• .3�' .3'z«3t€t•t�?r .`:t�ii:' `��is'' :�g�'; t;tti:.
PAGE 0279
../
310 CMR 10.99 02IL201
Form 5 OEP Fie rw. 1 246— 999 -001
(To be wv vow W OEP)
Commonwealth city Town Northampton
LM of Massachusetts Applicant Watson
Order of Conditions
mnisssul"Memawtheflan
c .T.Rd 4o AND THE
NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Commission
To
Cynthia Watson Same
(Name of Applicant) (Name of property owner)
Address 150 North Farms Road Address
This Order is issued and delivered as follows:
by hand delivery to applicant or representative on (date)
X by certified mail, return receipt requested on 1990 (date)
This project is located at 150 North Farms Road
Northampton, MA
The property is recorded at the Registry of Hampshire County
Boo 2696 Page 235
Certificate (if registered)
The Notice of Intent for this project was filed on October "1, 1990 (date)
The public hearing was closed on
October 15, 1990
(date)
Findings
The Northampton Conse
C omm i sSi nn has reviewed the above - referenced Notice of
Intent ana plans ano has neld 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 accoraance with
the Presumptions of Significance
set forth in the regulations for each Area Subject to Protection Unaer the
Act (check as appropriate):
r' Pub6c water supply
❑ Flood control [I Land containing shellfish
L� Private water supply
❑ Storm damage prevention ❑ Fisheries
Ground water supply
❑ Prevention of pollution ❑ Protection of wildlife habitat
Total Fling Fee Submitted
$ State Share $
Citv/Town Share $85
('h fee in excess of $25)
Total Refund Due S 0
City/Town Portion S State Portion' S
(' /z total) (' /z total)
Effective 11/10/89
5 - 1
eooK 36q P , *.. J280
..,.1
Therefore, the Northamn on Conservation Comm. hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter-
ests checked above. The Conservation Commission orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol-
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent. the conditions shall control.
General Conditions
1 . Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state or local statutes, ordinances, by -laws or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act; or
(b) the time for completion has been extended to a specified date more than three years, but less than
five years, from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. 'Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de-
bris, including but not limited to lumber, bricks, plaster, wire, lath. paper, cardboard, pipe, tires, ashes.
refrigerators, motor 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 Futal.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 Co i SGi on
on the format 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 Protection,
File Number 999 -001
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 . UDon completion of the work described herein, the applicant shall forthwith request in writing that a
Certificate of Comciiance be issued stating that the work has been satisfactorily completed.
1 2. The work snail conform to the following plans and special conditions:
5 -2
�...� WK ;,Oe4 fi PAGE 0 81
Plans. (See also Page 5 -3 B)
Title Dated Sinned and Stamped by: On File with
Plan surveyed for
C nthia Watson 4/29/90 Heritage Surveyors Northampton Cons. Co mmission
�t -
Conservation Commiss
Conservation Commiss
Conservation Commiss
Special Conditions (Use additional paper if necessary)
13) All construction areas shall be restored to original condition or better upon completion of
the project, including vegetation;
14) No areas within the 100 year floodplain nor within 100 feet of a wetland area, as defined
in Chapter 131, Section, M.G.L., shall be permissible disposal sites, unless otherwise
approved by the Conservation 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 the U.S.D.A. Soil Conservation
Service, "Guidelines for Soil and Water Conservation in Urbanizing Areas of Massachusetts."
Placement shall be directed at the site by the project engineer in order to accomplish
maximum control of products of erosion and ensure that no eroded materials will reach
wetland resource areas. Hay bales must be staked and entrenched for maximum control. Silt
fencing must be of sufficient porosity to pass detained water without allowing suspended
sediments to pass through fence.
17) The areas of construction shall remain in a stable condition at the close of each con-
struction day. Erosion controls shall be inspected at this time, and maintained or
reinforced to meet specifications in the plans and this order, including condition 4 above.
18) This Order of Conditions shall apply to any . .successor in. interest or successor in control;
19) Members and agents of the Conservation Commission shall have the right to enter and in-
spect the premises to evaluate compliance with the Conditions and to require the submittal
of any date deemed necessary for that evaluation;
20) Upon completion of the project, the Applicant shall submit-a statement from
the project engineer that all work has been done in conformance with the provisions of
approved Order of Conditions:
....................................................................................•........_..............._........................................ ...............................
(Leave Soace Blank)
5 -3A
PAGE
Plans: (See also page 5 -3A)
Title Dated Signed and Stamped by: On File with:
Conservation Commiss
Conservation Commiss
Conservation Commiss
Conservation Commiss
Special Conditions (use.additional paper it necessary)
21) (if checked) An "As Built" plan shall be included with the project engineer's statement,
detailing the post - development conditions of the site: ( )YES ( X)NO
22) 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 five (5) days prior to the
commencement of the approved activity.
23) The owner of the-property described in this Order must advise any potential. buyer of the
property that any• construction upon or alteration to said property,. including brush clearance
may require action. by the Northampton Conservation Commission and any instrument conveying an
or all of the owner's interest - in said property or any portion thereof shall contain language
substantially as follows: This property may be subject to the Northampton Wetlands Protection Ordinance,
the Wetlands Protection Act, an Order of Conditions, and /or a determination of applicability from the Northampton
Conservation. Commission: --
24) Any fill used in this project shall be clean fill only, which can include soil, gravel,
rock, and loam. The applicant is prohibited from using demolition materials, asphalt,
l i large chunks of concrete, tree stumps and limbs, and general refuse.
25) The contractor is responsible with the applicant and property owner for any violation and
the penalties under the law for such violation. While all activities regulated by this
Order are being performed and during the construction phase for this project, an on -site
foreman; directing engineer, 'or designated construction manager, shall have a copy of
this permit at the site, familiarized himself,- or herself with the conditions of this
permit, and adhere to such conditions. A copy of the plans and Order must always bd on-
site and in all excavating machinery when work is being performed.
26) All required permits must be obtained from the Planning Board, Zoning Board, Dept. of
Public Works & Building Inspector prior to the start of this project and. all permits
must be complied with. Army Corps of Engineers 404 permits and Water Quality CertificationE
must be obtained prior to the start of projects involving fill within areas of Co s
JMsdiction.
........................................................................................................................................................ ...............................
27) Before ANY work begins on the project a final grading plan must be submitted to and
approved by the Conservation Commission.
5 -36
' ,.,x'3646 PAGE 0283
Issued By Northampton Conservation Commission
Signature(
This Order must be signed by a majority of the Conservation Commission.
. /S/O r- P- b , -
On this f 5th day of 19 90 before me
personally appeared L dv�l I oo/k' , 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. WAYNE M. Fs1DBN
NOTARY PUBLIC
MY OOM1410019N axpll 1tf JAN. 11111. IS"
�-
Noiary Public My commission expires
The a=iicant. the owner, any person aggrieved by this order. any owner of land abutting the land upon which the proposed worts is to be
cone. or any ten residents of the city or town in which such land is located. are hereby notified of their right to request the Deoanment of
Environmental Protection to issue a Superseding Oroer, providing the request is made by certified mail or hand delivery to the Deoartment.
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.
_ r
Detach on dotted line and submit to the Northampton Conservation Co mm. prior to commencement of work.
To Northampton Conservation Commission Issuing Aulnon:v
Please be advised that the Order t Conditions for t pr oject a 150 North Farms Road
999 —g01 . No 11
=-ie Numoer 246— -:as peen recoraeo at the Pegistry of am s ounty inc
has peen noted in the cr:ain of title of the at ecteo orooerty in accordance with General Condition 8 on . 1 .9
If recorded land. the instrument numoer which identifies 'tis transaction
If recistered IanC. the cocument numoer which ioennfies this transaction is
-�.,CUC2ct
QQ 5 -4A
Datl1Z L L1990 at � o'clock and Rec'd ent'd and exam"A
I IM
72
� I
1 7t
CL.
1-0
xe i0 // / moo
310 CMR 10.99
Form 3
oEP Rw t b. 1 246 -
X
Commonwealth (To be PWVKW uy OM
of Massachusetts cay.row� Northampton
I SM 7 _
_-
- ` APPltcant x
NINE COPIES OF THIS FORM, COMPLETE Notice of Intent
W ITH PLANS, TO CONS. COMMISSION Under the
TWO COMPLETE COPIES TO EP, SPRI F '
I;D
sac usetts eands Protection Act, G.L. c. 131, §40
and
Application for a Department of the Army Permit
& NORTHAMPTON WETLANDS PROTECTION ORDINANCE
Part is General Information
1 . Location: Street Address IS-Z>
Lot Number ASSESSORS' MAP ID. /.Z
2. Project: Type Description 6 OIL 11eklkle 49AJ
E,�iST�iVcS <.mN.titi.� .te itJ ZaNE J3P T �ztr - ED �.rl�• .v c
IVA- �. �lA^�y� te> iTh�riCJ /gU�Lyl�cS l�lit/a4u� j
&LO2 iv'o -ssSE "yvu .
3. Registry: County Hampshire Current Boo 2 (17 62 & Page Z 3
Certificate (If Registered Land) N�
4. Applicant toy /ittT1'fi� c/ � - r�d'� Tel. f� — JJj ---
Address 1 S b A.10 • Fi9�.� �4 /1/�1/!� ?�f9�- �,yT15�✓� /Ltd -s • B /y ( d
5. Property Owner v Tel.
Address
5. Representative Tel.
Address
7. a. Have the Conservation Commission and the Department's Regional Office each been sent, by certified
mail or hand delivery, 2 copies of completed Notice of intent, with supporting plans and documents?
Yes ;V No
b. Has the fee been submitted? X Yes No
c. Total Fling Fee Submitted
d. City/Town Share of Fling Fee AW g State Share of Filing Fee -0
(sent to City/Town) (' /z of fee in excess of S25, sent to DEr )
e. Is a brref statement attached indicating how the applicant calculated the fee? 9 Yes - No
f. Permit requested under: Mass. Wetlands Protection Act (310 CMR 10):
Northampton Wetlands Protection Ordinance:
Effective 11/10/89
( '
/*4mw
8. Have all obtainable permits, variances and approvals required by local by -law been obtained?
Yes No N1 /1�oM� i G� J Fxr/0 , AAOW,
Obtained: App»ed For: Not Applied For:
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L.
c. 130, § 105? Yes No x
10. List all plans and supporting documents submitted with this Notice of Intent.
ATTACH LOCUS MAP SHOWING SITE LOCATION CLEARLY MARKED
Identifying
Numoer /Letter Title. Date
I A 11 17TV &A�2 - AW M7*vq W - fir, 0
.T?
11. Check those resource areas within which work is proposed:
(a) sX Buffer Zone
(b) Inland:
Bank' Land Subject to Flooding,
Bordering Vegetated Wetland' = Bordering `
Land Under Water Body 8 Waterway ` r Isolated
(c) Coastal:
Land Under the Ocean'
Coastal Beach'
Barrier Beach
N/A = RcOky Intertidal Shore'
Land Under Salt Pond'
Fisn Run'
Designated Port Area'
Coastal Dune
Coastal Bank
N/A = Salt Marsn'
Land Containing Shellfish'
Likely to involve U.S. Army Coros of Engineers concurrent lunsaiction. See Generai Instructions for
Como;e?inc_ Notice of Intent.
3 -2
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 (�] Date printed on the Estimated Habitat Map issued
(if any)
er- January 1990 - Easthampton
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
DEP Western Regional Office
State House West, 4th Floor
436 Dwight Street
Springfield, MA 01103
13
.
3 -3
R
w�
Part I1: 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:
Sods
9 f *Vegetation
Topography
Open water bodies (including ponds and lakes )
N 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
19 Other
Man -made Features:
NPAIc- Structures (such as buildings, piers, towers and headwalls)
'y Drainage and flood control facilities at the site and immediately off the site, including
culverts and open channels (with inverts), dams and dikes
"AN5 Subsurface sewage disposal systems
Alft,M Underground utilities
#V - 11C Roadways and parking areas
#0 mN 41;� Property boundaries, easements and rights -of -way
'uA"E Other
Part III: 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)
a Planvw and Cross Section of: :.
�(1 l4DliV� truc:.:res (such as buildinos, piers, towers and headwalls) t
' ely
Drainage and flood control facilities, including culverts and open cnanneis (with inverts),
dams and dikes
Nmtic
Subsurface sewage disposal systems & underground utilities
—JCL"
Filling, dredging and excavating, indicating volume and composition of material
y'atiC5
Compensatory storage areas, where required in accordance with Part Ill. Section 10:57
(4) of the regulations
'yo-"V&
Wildlife habitat restoration or replication areas
Other
Point Source Discharge
Descr :ption et c~aractenstics of discharge from point source (both closed and open
cnannel). when point of discharge falls within resource area checked under Part t. item,
1 1 aoove. as supported by standard engineering calculations. data anc plans. inciudinc
but not limaea to the following:
3 -4
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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 cnecked under Part I, item
1 1 above: -
4. Estimated water quality characteristics of pre- and post - development run -off at the point of discharge.
!l`
Part IV: Mitigating Measures
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 ll or Part III of the regula-
tions do not apply.
I _ Coastal Resource Area Type: 3 loenUfytino Hamper or letter
I B IntanG I of su000n documents
_ Coastal Resource Area Type: identihnng number or letter
7t' Inland of su000rtt7ocuments
3-5
_ Coastal Resource Area Type: identihnng number or letter
7t' Inland of su000rtt7ocuments
3-5
N
�r
2. Clearly. completely and accurately describe. with reference to supporting plans and calculations where
necessary:
(a) II measures and designs to regulate work within the Buffer Zone so as to ensure that said work_
does not after an area s pecified in Part 1, Section 10.02(1) (a) of these regulations; or
(b) if work in the Buffer Zone will after 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.
Coastal - Resource Area Type Boroered By 100 -Foot Discretionary Zone. loemdymg number or letter
$ Iniana of su000rt aocuments
LvETL.9aV�o ! s �t JTI y .�daoElc�4 .� y ,,r = 3.0 Or
5:y �60� itEa !N AAOiAFe -%) 6-v ei..�y �ew.c�2yc7r�
H -Yq� y
s ��.ei�r.+fTE �'♦✓! i� �c � �i�4.� GL�d c � 'i�iQO
,¢ Gc�rzr�'.tt4 . Tcu.o �ctE�,r ®f' c�vrne�ictiar„/ ,-'
O � c�u.�2 .fs� L E' .��te9 rna�lJ•i�i7� wi �. 4F Fi9GC
ivy /3AZ�C.�iGC � �2i1 yQ�iQ /.s� �¢�SO - rE�pirJ� /ir�+y
� cl�Bi9 �7 7m.,
3 -6
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Part V: Additional Information for a Department of the Army Permit
COE Application No.
(to be provided by COE)
0
3. Names and addresses of property owners adjoining your property:
(Name of waterway)
V/
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 " 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, 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 of Intent and accompanying
plans. documents and supporting data are true and complete, to the best of my knowledge. 4
of
I
Date
Signature of Applicant's Representative Date
NED
F O R M 100 (TEST) "r:ceptton to ENG Form 4345 approved by HQUSACE. 6 Mav 1982"
1 MAY 82 -) document contains a joint Department of the Armv ana State of Massachusetts application
for a permit to obtain permission to perform activities in I:ntted States waters. The Office
Of -Management and Buowet (OMB) has approved those Question• required b7 the US Army Corps
of cn¢,neera_ O.MB Number 0702 -0036 and eap,rsuon sate of 30 Septemoer 1983 appt,es " This
- tatement will be set in 6 point tvpe.
310 CMR 10.99
Form 2
Commonwealth
= of Massachusetts
MAP # 12 PARCEL;#
1
DECE File No. ')dr._
(To ce orovicec o: G CE,
C: :y Town N or th ampton
Watson
locucam
Determination of Applicabilitv
NORTHAMPTON WETLANDS ORDINANCE, CHAPTER 24
From N ORTHAMPTON CONSERVATION COMMISSION Issuing Authority
To CYNTHIA WATSON SAME
rName of person making request) (Name of property owner)
150 North Farms Road
Adaress Northampton, MA 01060 Address
This determination is issued and delivered as follows:
by hand delivery to person making request on !date)
X by certified mail. return receipt requested on October 24. 1989 (date)
Pursuant to the authority of Chapter 24, . the Northampton Conservation Commission
i . has considered your request for a Determination of Applicability and its supporting documentation. and has
made the followine determination (check whichever is applicable):
This Determination is Dositive:
1. — The area described below. which includes all. par, of the area described in your request. is an Are-a
Subject to Protection Under the Act. Therefore. any removing. filling. dredging or aiterinc cf 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 reauest. 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 8/1/89
2 -1
J
Nwas/
3. The work described below, which includes all /part of the work described in your request, is within
the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under
the Act. Therefore, said work requires the filing of a Notice of Intent.
This Determination is negative:
1 . = The area cescribed in your request is not an Area Subject to Protection Under the Act.
2. The work cescribed in your request is within an Area Subject to Protection Under the Ordinance, but wil
not remove, fill, drecge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent. However, building a house and associated site drainage will
require a more detailed determination.
3. The work described in 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. = 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 exemption,as specified in the Act and
the regulations, no Notice of Intent is required:
Northampton
Issued by Conservation Commission
Signature(s)
This Determination must be signed by a majority of the Conservation Commission.
On this 23rd day of October 19 , before me
personally appeared David Gengler , to me known to be the
person described in, and who executed, the foregoing instrument, and acknowledged that heishe executed
the same as his: her free act and deed. WAYNE M. PEIDEN
NITARY PUDLIC
My eft
`� �a'Z� / 'i /v /•
Notary Public My commission expires
This Determination does not relieve the applicant from complying with all other applicable federal, state or local statures. 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 worx
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 Depart-
ment of Environmental Quality Engineering to issue a Superseding Determination of Applicability, providing the request is made by cer-
tified mail or nand delivery to the Department. with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMF 10.03(T,
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 mad or hanc
eeuvery to the Conservation Commission and the applicant.
2 -2A
1
..v 3
310 CMR 10.99
Form 1
s Commonwealth
of Massachusetts
MAP # / , PARCEL #
DECE File No. 1246—
(To be Droviclea Dy DECE, '
City Town Northampton
Applicant
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 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.)
S N e_
3. The work in said area Is described below. (Use additional paper. if necessary, to describe the
proposea work.)
�C UG, d-)� Cj Sq i c r fZCi
r -
1 -1
Effective 811189
A .
4. The owner(s) of the area. if not the person making this request. has been given written notification of this
request on (date)
The name(s) and address(es) of the owner(s):
5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts
Department of Environmental Quality Engineerina on (date)
Northeast Regional Office
5 Commonwealth Avenue
Woburn. MA 01801
Central Regional Office
75 Grove Street
Worcester. MA 01605
Southeast Regional Office
Lakeville Hospital
Route 105
Lakeville, MA 02346
Western Regional Office
State House West, 4th Floor
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 accor-
dance with Section 10.05(3) (b) 1 of the regulations by the Conservation Commission and that I will be
billed accordingly.
Signature Name �l c jw')'
Address I, /
jT1 /y� -� � rz;�`yj2S Y�C Tel.
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Applicant: Cynthia J. 4r... ion
Answers to number 3. The work in said area is described below.
1. Plant trees and iay woodchips between North Farms Road and wet
area without disturbing area within 5 feet of areas A and E.
(see A on plan)
2. Groom and remove debris without disturbing wet area,
two rusted culverts :eft including
(sea r.: or. p, an) from development in the mid 1960's.
3. Grade in area of trees and Ia.rge mound (grading to be done
toward wet area) and remove asphalt, bolders and building depris
also left in the mid 1960's. Provide necessary soil to fill
depressions left after debris removal and plant grass seed, trees,
flowers and use wood chips. (see C on plan)
4. Continue the on going activity of the past five years of
cutting grass around wet area in yard.
5. Fertilize lawn once a year.
6. Establish approval to build a house on Lot D, no closer than
50 feet from wet area and keeping integrity of that area, again
grading toward wet area so as to retain seasonal flow of water
into wet area. (see D on plan)
7. Grade North Farms Road border area toward catch basin and /or
manhole to prevent seasonal flooding of road without disturbing
jpossible flow into wet area. (see x on plan) loo X'S o.✓ X
$. Clean and grade toward wet area and plant flowers or trees
where grass abuts wet area. (see F on plan)
9. Fill dip behind grass knoll that catches water and grade
toward wet area. (se G an plan)
d .c
DANIEL S. GREENBAUM
Commissioner
JOHN J. HIGGINS
Regional Director
r'
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41d -,76
OCT
Ci tv Hall
Northamnton , MA 01060
Northamnton Conservation Commission
Dear Ccamnission Members:
1 f r0 At yti 9,0C
%ate /o'Jic'F�. •o //
� � �
Department Records indicate that: i�C ° ' 4 '� '14' Pi
RE: Possible Violation of the We
Protection Act; MGL Ch. 130=§ 40
On _ 10/2/89 this office received information concerning
possible violation of the Wetlands a
Protection Act at the following
location:
150 North Farm Road
( x) Work may be proceeding in a Resource Area and /or Buffer Zone
without a Notice of Intent /and or order of Conditions on file
with Departwnt of Environmental Protection (DEP).
( ) Work is possibly in violation of Order issued on
by
The work reported to be taking place is described as follows:
House with cattail marsh in yard.
Someone has cut the cattails and is draining marsh via garden hose to.
city drain.
Please advise the Department of your intentions in pursuing this matter.
The Wetlands Protection Act requires that local Conservation Ccumnissions
administer and enforce the Regulations, 310 CMR 10.00 prcanulgated
thereunder, to protect the "interests" identified in the Act.
If you have any questions please contact Jeremiah Mew, Susan Steenstrup or
Robert McCollum of this office.
DIEC?c very truly
NOWIS
THE �AgTRENr 4Y' /��
AL PNNOTL�t'7 �C3,'i Ryland J. , P. E.
Regional Engineer
Bureau of Resource Protection
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FA
CITY OF NORTHAMPTON
+� ZONING BOARD OF APPEALS
NORTHAMPTON, MASSACHUSETTS 01060
�i
DATE: March 21, 1991
Certificate of Granting of Variance or Special Permit
(General Laws, Chapter 40A, Section 11)
THE ZONING BOARD OF APPEALS. .OF,.,.THE....CITY OF. NORTHAMPTON HEREBY
CERTIFIES THAT A VARIANCE OR SPECIAL PERMIT HAS BEEN GRANTED:
TO: CYNTHIA J. WATSON
ADDRESS: 150 NORTH FARMS ROAD
CITY: NORTHAMPTON, MA 01060
AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR
BUILDINGS AT: CORNER OF NORTH FARMS ROAD AND COUNTRY WAY, ADJACENT
TO 150 NORTH FARMS ROAD.
And the said Zoning Board of Appeals further certifies that the
decision attached hereto is a true and correct copy of its decision
granting said Variance/ Special Permit, and that copies of said
decision, and all plans referred to in the decision, have been
filed with the City Clerk.
The Zoning Board of Appeals 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.
ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON
By: By:
Robert C. Buscher, Chairman R.
r� J V�'
J. Pascucci, Secretary
DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
At a meeting held on March 6, 1991, the Zoning Board of
Appeals of the City of Northampton voted unanimously to GRANT
the request of Cynthia J. Watson for a Special Permit under the
Provisions of Sections 16.5 and 16.7 of the Northampton Zoning
Ordinance, to allow excavation closer than five feet from the
annual high groundwater table, said excavation being the cellar
hole for a proposed single - family dwelling on an 80,002 square
foot parcel at the corner of Country Way and North Farms Road,
a small portion of which is wetland. Present and voting were
Chairman •C. Buscher,- •William R.. Brandt.,. and. Dr_, Peter
Laband.
The Findings were as follows under the provisions of Section
10.10:
1. The requested use is listed in Sections 16.5 and 16.7
as requiring a Special Permit.
2. The requested use bears a positive relationship to the
public convenience or welfare.
3. The requested use will not create undue traffic
congestion or unduly impair pedestrian safety.
4. The requested use will not overload any municipal
systems. Both water and sewer are on -site, and the 80,002
square foot lot meets the requirements of the Water Supply
Protection Overlay District.
5. The requested use will not unduly impair the integrity
or character of the district or adjoining zones, assuming
the conditions below are adhered to. The proposed use is
not inconsistent with its surroundings.
The Findings were as follows under the provisions of Section
16.7:
1. The proposed use is in harmony with the purpose and
intent of this ordinance, and will promote the purposes of the
Water Supply Protection District.
2. The proposed use is appropriate to the natural
topography, soils, and other characteristics of the site to be {
developed.
3. The soil is suitable for both on -site sewerage and
water systems.
4. The proposed use will not, during construction or
thereafter, have an adverse environmental impact on groundwater
resources in the district.
f �
NORTHAMPTON ZONING BOARD OF APPEALS DECISION
J APPLICATION OF CYNTHIA J. WATSON
PAGE TWO
5. The proposed use will not adversely affect the
existing or potential quality and quantity of water in the
Water Supply Protection District.
THE FOLLOWING CONDITIONS SHALL APPLY:
1. The 27 conditions spelled out in the Order of
Conditions issued by the Northampton Conservation Commission on
November. 5, ....1990., .contained:. in.. DEP File No.._ must
be adhered to.
2. If oil heat is chosen for the proposed dwelling, an
impermeable barrier must be placed around the oil tank, capable
of catching any oil that leaks from the tank or spills as a
result of the overfilling of the tank.
1`
3. Drainage from the footing drain, and from any sump
pump, must drain toward the wetlands, as shown on the plan.
The Watsons must grant a drainage easement to the purchaser of
the subject parcel, allowing him to drain water towards the
wetland, as shown on the plans, in perpetuity.
The Special Permit is granted.
Robert C. Buscher, Chairman
Dr. Peter taband
W illiam R. B dt
EIVEC
� M
DEC 03 1990
Date Filed File No. 9 dSd'�
OFFICE OF PLANNING ZONING PERMIT APPLICATION
& DEVELOPMENT Zoning Ordinance Section 10.2
1. Name of Applicant C'_ Y.v7 1 M.49 ✓. w,¢Tlo.J
Address: /t ,*, A&,v040,,,rp Telephone:
2 . owner of Property
Address: - D .�.b. eq&owr .fe . Telephone: gWG nrrCr__
3. Status of Applicant X Owner Contract Purchaser
Fon Lessee Other (explain: )
4. Parcel Identification: Zoning Map Sheet# 12- Parcel#
Zoning Districts) .5e '
Street Address a ,, y w� ,,
5. Compliance with Zoning Existing Proposed
Use of Structure /Property
Size of Structure (sq. ft.) Fr-
Building height
S % Building Coverag z e
Setbacks - front ,
- side Zd
- rear �o
Lot Size
Frontage
Floor Area Ratio 7- 1P. % Open Space
Parking Spaces
Loading Spaces ti
Signs
Fill (volume & location) � l
6. Narrative Description of Proposed Work /Project (Use
additional sheets if necessary) _A*,Pi�,0 Si%y6tc ef�stilcy j6ojo,cee
7. Attached Plans Sketch Plan ✓ Site Plan
8. Certification I hereby certify that the information contained
herein is true and accurate to the bes of my knowledge.
Date: /Z -3 -90
Applicant 's Signae:
THIS SECTION FOR OFFICIAL USE ONLY ^ --- — — — — — — — — — — —
Approved as presented 1q 199i
Denied as presented
Reason for Denial:
Signature of Building Inspector Date
_/50
Z
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'Date Filed
1.
2.
.r/
- File No.
SPECIAL PERMIT APPLICATION
Issuing Authority /ZBA Planning Board City Council
Name of Applicant
Address: ,cam Al. JC
3. Owner of Property Lys /a \). W07� soil
Address: 5cj IML, Telephone: -,z o r7 .e _
4. Status of Applicant Owner Contract Purchaser
Lessee - Other (explain.— )
5. Parcel Identification Zoning Map Sheet# / Parcel#
Zoning District(s) s P
Street Address 0 - ntj WaL, elnd AbA4h dg2lol �
6.
7.
8. State How Work /Proposal Complies with Special Permit Criteria
(See Applicant's Guide and use additional sheets if necessary)
9. Attached Plans Sketch Plan V Site Plan
None Required
10. Abutters (See instructions. -Use attached abutter's list)
11. Certification I hereby certify that I have read the GUIDE TO
APPLYING FOR A ZONING VARIANCE, SPECIAL PERMIT OR FINDING and
that the information contained herein is true and accurate to
the best of my knowledge.
Date: ! z - 3, C/ p Applicant's Signature: p
^/90
Special Permit is being requested under Zoning Ordinance
Section /( , Page
Narrative Description of Proposed Work /Project (Use
additional sheets if necessary)
`9
bate Filed File No.
SPECIAL PERMIT APPLICATION
1. Issuing Authority /ZBA Planning Board City Council
0
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If
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2.
3.
4.
N ame of A licant:
Address: m5V /L/. ,c
Owner of Property
Address:
ephone: s G_r77 , 2,
Status of Applicant ,Owner Contract Purchaser
Lessee Other (explain: )
5. Parcel Identification Zoning Map Sheet` /c;� Parcell
Zoning District(s) s _
Street Address uja jg end AA26D i Aaixm Rd -
6. Special Permit is being requested under Zoning Ordinance
Section /6. 7 , Page /(o q
7.
S.
-.a.a: �; ___1 _ti. -_ +. - ; -F carvl
(Use
V 4 �
9. Attached Plans Sketch Plan y/ Site
None Required
L, JFFjC!=
10. Abutters (See instructions. -Use attached abutter's list)
11. Certification
I hereby certify that
I have read the GUIDE TO
APPLYING
FOR A
ZONING VARIANCE, SPECIAL PERMIT OR FINDING and
that the
information contained herein
is true and accurate to
the best
of my
knowledge.
Date:
Applicant's Signature:
^/90
i
State How Work /Proposal Complies with Special Permit Criteria
(See Applicant's Guide and use additional sheets if necessary) ..
• `�°.,� `fir`
ZBA Special Permit Application
8. Criteria:
1. The requested use may require a Special Permit under
section 16.5 and 16.7 - "any excavation incidental to
permitted use within.3 feet of annual groundwater
table ".
2. The requested use bears a positive relationship to
the neighborhood and the district.
3. The requested use does not create traffic congestion
or impair pedestrian safety.
4. The requested use does not overload any public
water, drainage or sewer system, or any other municipal
system.
5. There are no SPECIAL PERMIT AND SPECIAL EXCEPTION
CONDITIONS to be fulfilled.
6. The requested use is in keeping with the integrity
and character of the district.
The proposed work site and lot have met the approval of the
following boards:
1. Board of Health
A positive perc test was completed on May 26, 1989.
2. Planning Board
The lot was approved on November 8, 1990, and
was registered in the Hampshire County Registry of
Deeds on November 13, 1990. The lot is recorded
in Plan Book 168, page 102.
3. Conservation Commission
DEQE File No. 246 - 999 -001. Approval granted to
excavate within the Buffer Zone of an isolated
wetland for the purpose of laying, pouring and
backfilling a cellar foundation. Approval given to
establish a swale to wetland to return any ground-
water that may evidence itself. Approval also
granted for proper grading, planting, landscaping,
etc. within the Buffer Zone. Nov. 6, 1990; Oct.
24, 1989.
' Z4,r Special Permit Applicati�.,�
#9 Attached Plans
9. Site Plan of proposed work area and additional criteria met
under section 16.7, Zoning Regulation, Part B.
a. Provision to prevent contamination of ground water. If oil heat
is used, oil tank shall inside and have concrete containment bumper.
If oil heat is not used, this provision shall not apply. (see #1 on
Plan)
Drainage recharge feature is present insofar as any groundwater
collected by cellar sump pump will be returned 'to the wetland area in
the back ,yard as approved by the Conservation Commission, November 6,
1990. (see #2 on Plan)
Water from driveway shall run off to grass. (see #3 on Plan)
Soil erosion and sedimentation shall be controlled by grass and
landscaping. (see #4 on Plan)
Less than 5% of land area is to be covered by building and /or
driveway pavement and will be the only area of soil compaction.
Remaining 95% will be grass, plantings and woods. (see #5 on Plan)
Provision to prevent seepage from sewer pipes will be made as a
matter of proper and approved septic system design. All pipes will
be joined and cemented to insure proper seal. (see #6 on Plan)
7 b. No chemicals, fuels or hazardous materials will be on site other
than those associated with normal household use.
C. Evidence of compliance with Mass. Hazardous Waste Mgt. Act 310
CMR 30 is not applicable.
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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 Law is not
required.
1. Applicant CYAlTh` "•¢ J • G�J�f i�o.✓
_a D
Print or type name Sign ure
Address Di2T�i5 4� S. ote6o Phone
2. Owner eye s ✓• C! 7 - 4r - `
Print or type name SigA&ture
la Aoevr�ie
Address o2lIY.�.•O , Phone
3. Surveyor
Print or type name Signature
s!Y1W4 •*,pia✓ „�rp
Address Phone "
4. Deed or property recorded in N47 ,#” 'r t ee. stay,
Book : Page Z3
5. Location and Description of Property:
�4u;rr -,
6. As� -`1D Lot(s)
:. MW 7199Q 3J MN 8WO
r�
Date Submitted -for-Planning Date Plani ng oard
Q�0
oard Approv 1: Decision F led: =--- - -- -�-- �- ---_- �
City Clerk :;� d City Clerk*
G�, ��°
10/01/90 ( natur (Signature)
310 Cy1R 10.99
Form 5 oe =F1W140. 246— 999 -001 j
(To on omrow oy oEfl
Commonwealth C:cy,rown yorthamyton
: of Massachusetts aoo11cant Watson
Order of Conditions
AND THE
NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Commission
To Cynthia Watson
(Name of Acelicant)
Same
(Name of orooeny owner)
Adcress 150 North Farms Road Adcress
This Orcer is issued and delivered as follows:
by hand ceiivery to acclicant or representative on (cater
* by certifies mail, return receipt requested on 1990 (care)
This project is located at 150 North Farms Road
Northampton, MA
The property is recorded at' he Registry of Hampshire Countv
Boo 2696 _ Page 235
Certificate (if registered)
The Nofice of Intent for this project was ffled on October 1, 1990 (date)
The public hearing was closed on
Findings
October 15, 1990
(date)
The Northampton ('onaPrvati nn ('ommi cci nn has reviewed the above- refdrenced Notice of
Intent ane plans anc nas neld a public hearing on the project. eased on the information availaoie 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 Uneer the
Act (ct:eck as appropriate):
r- Public water supply C Flood control C rand containing sheilfish
D Private water supply C Storm carnage prevention C Fisheries
C Ground water supply CJ Prevention of pollution C Protection of wildlife habitat
Total Fling Fee Submitted $ State Share $
City/Town Share $85 fee in excess Of S25)
Total Refund Cue S 0 City/Town Portion S State Poison S
( total) Ch totall
Effective 11/10/89 ".1
'"r ../
Therefore, the NorthamRton Conservation Comm. hereby finds that the following conditions are
necessary, in accordance with the Pertormance Standards set forth in the regulations, to protect those inter-
ests checked above. The Conservation Commission orders that all work snail be performed
in accordance with said cpnciticns and with the Notice of Intent referenced above. To the extent that the foi-
lowing conditions modify or differ from the plans, specifications or other proposals subm:ttec with the Notice
of Intent, the conditions shall control.
General Conditions
Failure to comoiy with ail conditions stated herein. and with all related statutes anc other regulatory meas-
ures. shall be deemed cause to revoke or modify this Order.
2. This Order aces not grant any prooerry nghts or any exclusive privileges: it aces not authonze any iniury
to pnvate propery or invasion of pnvate ngnts.
3. This Order does not relieve the permittee or any other person of the necessity of ccmolving with all
ether acolicable federal. state or local statutes, ordinances, by -laws or reguianons.
4. The work authorized hereunder snail be completed within three years from the date cf this Orcer unless
either of the following apply:
(a) the work is a maintenance credcing project as orovided for in the Ac:: or
(b) the time for completion has peen extenced to a specified date more than three years. but less than
five vears, from the Bate 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 perods of uo to three years each
upon application to the issuing authority at least 30 days prior to the exb:ration care of the Order.
o. Any fill used in connection with this project snail be clean fill, containing no trash. refuse, rubbish or de-
bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes. ' -
refrigeraters, motor vehicles or parts of any of the foregoing.
7. No work snail be undertaken until all acminisn ative appeal periods from this Order have elapsed or. if
such an appeal has been filed, until all proceedings before the Department have been compieted.
8. No work shall be undertaken until the Fuiai 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 registerediand, 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 farm 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 souare feet in size
bearing the words. "Massachuserts Department of Environmental Protection,
File Number.
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 parry to all agency proceedings and
hearings before the Department.
11 . Upon completion of the work described herein, the applicant shall forthwith recuest in writing that a
Certificate of Ccmciiance be issuec stating that the work has been satisfactcnly completec.
2. T `e wcrk s, ail ccnfcrm to the `oilowing :,Ians anc soec:al conditions:
__ = 999 -001
5 -2
Plans: (See also Page 5 -3 B)
Tive
Plan surveyed for
Cynthia Watson
Dated Sicnee and Stamoec t)y:
10/29/90 Heritage Sur veyors
1-./
On =iie wan
yorthamoton Cons. Co mmission
Conservation Commiss
Conservation Commiss
Conservation Cn=i ss ion
Soecral Conditions (Use additional DaDer if necessary)
13) All construction areas shall be restored to original condition or better upon completion of
the project, including vegetation;
14) No areas within the 100 year floodnlain nor within 100 feet of a wetland area, as defined
in Chapter 131, Section, K.G.L., sinall be permissible disposal sites, unless otherwise
approved by the Conservation 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 the U.S.D.A. Soil Conservation
Service, "Guidelines for Soil and Water Conservation in Urbanizing Areas of Massachuset m"
Placement shall be directed at the site by the project engineer in order to accomplish
maximum control of products of erosion and ensure that no eroded materials will reach
wetland resource areas. Hay bales must be staked and entrenched for maximum control. Silt
fencing must be of sufficient porosity to pass detained water without allowing suspended
sediments to pass through fence.
17) The areas of construction shall remain in a stable condition at the close of each con-
struction day. Erosion controls shall be inspected at this time, and maintained or
reinforced to meet specifications in the plans and this order, including condition 4 above.
18) This Order of Conditions shall apply to any successor in interest or successor in control;
19) Members and agents of the Conservation Commission shall have the right to enter and in-
spect the premises to evaluate compliance with the Conditions and to require the submittal
of any date deemed necessary for that evaluation;
20) Upon completion of the project, the Applicant shall submit statement from
the project engineer that all work has been done in conformance with the provisions of
approved Order of Conditions:
....................................................................................................................................................... ............................... .
(Leave Soace 9ienk)
j-3A
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Plans: (See also page 5 -3A)
Title Dated Signed and Stamped by: On rile wits
Conservation Commiss
Conservation Commiss
Conservation Commission
Special Conditions (use additional paper if necessary)
Conservation Commission
21) (if checked) An "As Built" plan shall be included with the project engineer's statement,
detailing the post - development conditions of the site: ( )YES ( X)NO
22) 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 five (5) days prior to the
commencement of the approved activity.
23) The owner of the property described in this Order must advise any potential buyer of the
property that any• construction upon or alteration to said property, including brush clearance
may require action. by the Northampton Conservation Commission and any instrument conveying an
or all of the owner's interest in said property or any portion thereof shall contain language
substantially as follows: This property may be subject to the Northampton Wetlands Protection Ordinance,
the Wetlands Protection Act, an Order of Conditions, anti /or a determination of applicability from the Northampton
Conservation Commission:
24) Any fill used in this project shall be clean fill only, which can include soil, gravel,
rock, and loam. The applicant is prohibited from using demolition materials, asphalt,
large chunks of concrete, tree stumps and limbs, and general refuse.
25) The contractor is responsible with the applicant and property owner for any violation and
the penalties under the law for such violation. While all activities regulated by this
Order are being performed and during the construction phase for this project, an on -site
foreman; directing engineer, 'or designated construction manager, shall have a copy of
this permit at the site, familiarized himself,. or herself with the conditions of this
permit, and adhere to such conditions. A copy of the plans and Order must always ba on-
site and in all excavating machinery when work is being performed.
26) All required permits must be obtained from the Planning Board, Zoning Board, Dept. of
Public Works & Building Inspector prior to the start of this project and all permits
must be complied with. Army Corps of Engineers 404 permits and Water duality Certifications
must be obtained prior to the start of projects involving fill within areas of Cords
jurisdiction.
....................................................---................................................................................................. ...............................
27) Before ANY work begins on the project a final grading plan must be submitted to and
approved by the Conservation Commission.
5 -3a
•.000
Issued By Northampton
Conservaucn Commission
Signaturets) -7
This Orcer must be signed by a majority of the Conservation Commission.
//c ✓ P", a r,r `'.c
On this f5th day of 19 90 before me
personally appeared 6 dyrl o �+ . to me known to be the
person described in and who executed the fcreyotrg instrument anc acknowledged' hat hersne executed
the same as his/her free act and eeec.
Notary Puck
WAYNE M. FEIDEN
NOTARY PUBLIC
MY QOMMHEION expiRes JAN. tE. is"
My commission expires
The aeeupm.:no owner. any person aggrieved t:y tnis Orcer. any owner of land abutting me land uoon wn= the ar000sea wont is to oe
cone. or arty ten resteerrm of the cay or town in wmcn sucn land is located. are nereby notified at tnetr ngnt to request trio Oeeartmem of
Environmental Protectan to issue a Sueerseeing Order. - rovicing trio reouest is made by csrtrtied mail or Kano eeiivery m the Oebarrment.
with trio acproonate tiling tee and Fee Transmittal Form as crovtded in 310 CUR 10.03(7). within ten says from trio acre at issuance of tilts
Determination. A copy of the reeuest snall at me same time be sent by certified mail or nano oewery to trio Conservation Commission
and th e acclicant.
Detach on dotted line and submit to ins Northampton Conservation Cottmi. pnor to commencement of work.
- a Northampton Conservation Commission issumc;Autrionty
Please De advised that the er t Conattions for trio =Iec: a 150 North Farms Road
999 - 801 Nor thas ton, .
ie Numcer 246— ,as oeen r eccreea attne R =',isry at Ham�s unty Inc
bas peen notes to the cnatn of title of the affected areoerty to accordance with General Conattion 8 on 1
if recorded tand. trie instrument number wmct idenaties mss — caasacdon to
It reyts I me comanent number wntcn identifies tuts transacnon is
;..cna:ure :ccucW
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