35-277 (4) )V-1y 98 iV7:56 FROM:J J MORIARTY 41.5SdrbU140 IU-1r01UltJ13G7 rntiac.c.�
310 CMq 11199
Form S
DEP Fite No 246-- 3 el L
y-
rre De vrooi*"by t.'9p)
Commonwealth city Yowl- Kwet. m ton
Of Mas38GhuSett9 - Am,ic*nt
1`fAf? ID. /'q
Certificate of CoMpliance
Massachusetts Wetlands protection Act, G.L. c. 131, §40
NORTHAMPTON WETLMDS PROTECTION ORDINANCE
From• Northampptton_ Conser{v�a_tiu)u Commission Issuing Authority
To_i.lQ=e-°_ �'J- t Ira_�
(Nama J fAtlOr4SS i
Date of ISSuance Z+A Z
t
This Certificate is Issued for work regulaf d by an Order of Conditions issued M = trt
dated x ° nd issued by the CQriearyatioa Co ssion
6dtJ,�ft�
1 , It is hereby certified that the work regulated Dy the above-referenced Order of Conditions has
been Satisfactorily comple(ed.
2. It is hereby certified that only the fopov*V pardons of the work regulated by the above-rester-
enced Order of Conditions have beef+Saftfactorly Completed:Ilt ttte CertifiCate of CompitanCe
does not include the entire project.specify what portions are Included.)
130a.6 Co���rutu►� , recotin� wjin fov fc,,,� � - rmt
Aerle��e. �� QrcLt.rg aA C�dt�itrn �, lots � )-,�'� �f+hG�i.a'liV1f�� $r.�•�
�+1i! �# x+•f!, -384. Mb Wckn QR al- dekw4ian 6ka,5 i r, .
3' Lets ! 4 �tr:cl4siue ) 2-4111 S&A-Je4 i"b C-- •R, 24f, - 31/q.
3. it is hereby certified that the work regulated by the above-referenced Girder of Conditions was
never commenced.The Ordef of Conditions has lensed and is therefore no longer valid,No future
work subject to regulation under the Act may be cea nenced without filing a new Notice of intent
and receiving a new Order of Conditions.
.... .... ............. —.. .... ...I........................... . ................... .................... . .
t�eava Swc•8lanki
�'(2;•iv9 � 1Ii01E9
,:JV-14j 98 07:55 FKUM:J J MUKIHKIY `FlJJGrouto IU. LI iJllL!
r
AnMDIGW TO DECLARATION OF RESTRICTIVE COV3NANT8
Now Coate• JAPM F. HOYZZ and PATRICIA A. 84YLiC, Original Board of
Manaq+ro of the 5&ndlew004 Eatats Hom•ovnaxs Association, who
pursuant to Article Five, Section one, Substation A of the
Declaration of Frotatetive Covenants, dat*4 July 1, 1996 and
recorded in the Hanjoshire county Registry Of feeds in Soak 4947,
Page 100, hereby amend said Covenants air follows..
1. all referene•a in the Declaration of Protea tiv•
Covenants to the word 09andlewoc4■ including Bandlewood Estate*
Homeowner& Associatign is hereby amended to "Sandalwood". The
Homa*wner■ Association is epeci.cally zafarrred to ae Sandalwood
Estates HtaaeawnGM association.
3. AXl relerencss in the Declaration or Protective
Ctavenahts to the word OMoodlavn" Drive, is hereby amanded to
"Woodland" Drive.
3. Artitcli 0, Section tote, SUbsection A, line 3 is hereby
amended by deletintg the clause "Autumn Estates eubd4vieion" and
replacinq said elaaae with the follovinq "Sandalwood Estates
sulbdivisianw.
4. Article 3, Section Three, Subsection A is hereby
amended by deletittq the clause "one single family dwaiiing housal,
and replacing said clause with the followings Presidential
dwelling".
5. Article 3, Section Thr■*, Subsection n is hereby
amended by adding the following clause to line 6 after the words
all approvals "*hall be by the Hameovnars Association created
hereunder"
1497. TEttaOute�1 as a aealsd ruaent thla 5th ay of January,
J •
tsca A. Doyle '
THE COWWNlP>:A j( OF MASSACHUSETTS
HAMPSHIRE, SS, JANUARY 5, 1947
Then personally appeared tote above-Maned JJw88 P. BOYLE and
PATUCIA A. BOYLE and aeknowledg A ing instrument to be
their free act and dead, before Ile,
My c aiasioh expires; 7/17/98 ;Jr
a
1ZTEEt`t 11AlR�S�E►��g������'I�"E'
Mai
1U-1`J 98 07:55 FROM:J J MORIARTY 41,55 fbW-'4W 1u:lr010431D=1V snot.ci
fled SM 01 /W= WAS 10:14
c. Chmi.QMBt X Il captions at titlea rtaad in the itestri.ction&
are intaft4s4 solely for the 4onvaniaslo• of trefaranee an4 shall
not affect that Vhteh is set Earth in any at the provisions of
said Declaration.
IN WITNVAS NH aF, Cam said J&aas r. Soy is abd Patricia A.
Doyle have caused their hands and anal& to b• hereto affixed.
acknowlwdga and delivorsd in their "ass this
atgned &ealea in the
Pr at t
#If ri
Q iwiFla. ty * soy •
atr a i n Jahs 4 arty s a o
G---soxwwjkznvt oP max"Cmew"ts
haupshiro, ■s. July x, 1996
Then porsorally appeared the "oVe-name J4:Ze+1 F. Boyle And
Patricia A. Boyle and declared the lora+goiaq inst.rumant to be
their tree act and dead before mia.
ary a, n-M64morlarty
MARLA= Lo pop=
C esio#i ]Giiplras: 7/1�/9q
uV-Its 98 07:54 FROM:J J MORIARTY 4135EY604b Iu:1rd1b41.51:.7C7 aw
Doc: � �A130 �/Q1/19�luthl
(b) To obtain liability and other insurance as may be
necsesa>cy for the Association, and adjust losses payable as a
result Of such insurance.
(i) To adopt and &send from time to time rulss and
re"l.atiens relating to the operation or the association.
(1) To initiate, prosecute and defend suits at all trial
and appella~ts levels on behalf of the Association In the exercise
of its poorer, includinq, without limitation, enforoing the
provisions of tha Reatrictivo Covenants, includinq the power to
settle auita brought by or against the Association involving the
common Areas or any other matters.
(k) To do everything necessary for the attainment of any Of
the abioats, or the furtherance of &thy of the purposes of the
Association either alone or in conjunction with the Grantors
amV or the tat ownars.
v. cz9T1F1cATL of 9TATQS Of WA1RD! The Board of Managers or
the Aasoaiatlon shall record a Certificate of Inr-Mbency with the
aegietry of Daeds and nokily the Planeied board of the City of
Nart+6pq>F*ron within fifteen days after the election or removal of
members or the Board and proapely alter "o el.eati.c►n or removal
of members of the Board and promptly alter eny vacancy in the
Board continues for more "an Potty-five days. Any instrument
signed lay a *ajor,ity or the Boftr4 At any time es they apyear Of
rsaord and duly attested as the act Of the Xssacistian, and shall
be bi.ndinq upon the Association. No purchaaar, mortgaagae, lender
or other person 49aiina with the Hoard, as they appear of record,
shall be bound to ascertain Or inquire further a■ to the persons
relative thereto, otbaar than a reaor4ed certificate thereof, and
such recorded g4rt1Siaca4ts obwll be ponolusivs avi_dopc* of the
members of the board and at any changes therein.
q. ACTION Or SOA" WITHOUT A l[i n1va,r Any action required
or permitted to be takion at say emoting of the board any be taken
vithout a seatinq if all uanagers Consent to than action in
writing and the written consent$ are riled with the records of
the Board. Each such consent shall be treated for all VUZV0sda as
a vote at a meeting.
ARTICLE 9
1. AKEHnWZKT AND DURATION
a. ANXN GDM AND DURATION: prior to the sale of the
final lot in the Autumn Istaltom Rubaiivl.sion, the asantcrs nee the
first Bayard of Nanagsre reserve the right to amaand or repeal any
sactia5n of these Personal Covenant■, exorpt as ramtriatad by this
paraagrapl%. After male► of the final lot, of the a alubdiviraion, those
Covenants, may be assnd*d or repealed it Anx time by the written
congent to tvo-thir4s (2/3) or the owners of the Property
(including the Grontor it it shall then be an Owner) . Such
:OV-1) 99 07:53 FROM:J J MORIARTY 41352YB040 IU:1rdiblil.)17DC7 rHam:1�
Pic, soma /WlO1G9 QW/M 101H
amendment or repeal shall not De erroot.iVO until Ouch time as it
has been recorded with the Kampshire county Registry of Deeds.
Notwithatendinq the foregoing, no such awen4msnt or repeal shall
be valid it the intent of is to altar the right of the City of
Northampton to enforce these Covenants using the rea►ediea
contained norein, to restrict the right of the City to inspect
and discharge water into the detention and retention areas,
ralievea the association of the responsibility of aaintaininq the
detention and retention arwaa and the cul-de-04C island or
results in anyY violation of the Permits and Approval& %ranted by
the city for davalopment Of this property.
P. DURATION Or nECLARATTOW: Subject to the provision* of
}paragraph a of Article B, Section 1, horoct. the Declaration
shall continue in force and effect for pexp4tuity.
$. ZWORCMMT An XON-KAIVBR
A. RZORT o1' 1MpgAOiiiiEvTj The declaration is for the banefit
of the property and shall run with the land. Except as 'say
ocnerviss b4 provided Aerein, any authorised board of Agency of
the City of aorthaspton or any owner of any I,Ot, intluddinq the
Grantor, shall hove the right to enforcer any or all of the
provisi.ang of the Declaration by any legal procaedinge, either at
low or at equity to compel, enforce or enjoin this declaration.
B. VIOLATION OF 1AW4 Any violation within the Propsrty Of
any -tats law or city fly-Law, or any regulations pertaining to
the ownership, accupattOR or use or trig property is subje*t to
any or all of the enforcement procedures set forth in said
Declaration.
c. RS$YDIZa CVKULATIVba Bash ra*edy provided by the
peciarati4n i4 cumulative aftd not s:elusive.
p. aiol!-WhJVZRr The railure to enforce gay of the provisions
at the deoloration 4% any time shall not constitute a Vai,vr of
the right thorealter to enforce any such provisions of said
Declaration.
3. CONSTRUCTION AND SWIMSILITY: SIii0UL,1R AND PUAAL
A. RESTRICTIONS 8ZVZ2Ab1.8: L'ach of the prOvigic"G at the
Declaration shall be deemed independent and saverabisr and the
Invalidity or partial invalidity of any provision or portion
thereof shall not affect the validity or •nforcoobility of any
other proviaione.
S. 429GULAM INCLUDES PLUUL: Unless the contQUt requires a
contrary construction, the singular shall include the plural and
the plural the ginqulsrr and the masculine, fesnlnine or neuter
shall each include the sanculins, feminine and neuter.
jV-19 98 07:53 FROM:J J MORIARTY 4135276040 TU:I(81t34151tDd'j
raw OR /W" I6J01to 10,14
in4emnity policy for the Board of managers including, without
limiting the generality of the foregoing, liabilities in Contract
4nd In tort and liabilitiaa for dasagee, penoltiee And finis.
Bvary agreement made by the Boarrd onall praviae that the
M"&gars or the Association are acting only as agent for the Lot
owners (including the Grantaar(s) and shall have no personal
liability ther&UAddr (except as Lot Owners) .
o. LVWBRB AND AUTLBb: The Board and in tho event the boara
tails to perform the maintenance described in Asticls 1, Bub-
Boer-ion lexiiintenancaL*, then the City of Northampton. acting
through any of its poarda, shall have the powers and duties
r►aoM*■cry f or the 44slAistrat:ion of the affairs of the
Association and way aio all such **to and tht"em Asuept as by lay.
Such powers and 4utia* of the board shall inCluao, bult shell not
be llmit■d to, the following:
(a) To operate, inspect, care for and s4int,ain the areas
specitisd in Article *'1", summation amaIntsnance".
(b) Te determine the Common Zxpon*ss and assess each lot
corner " sea equal basis.
(a3) To Collect assissaent* from tot Owner■ and enforce all
obligAtio"s of the Lot owners With the power to place liens on
Lot owners for said Association lees.
(d) To emyloy, appoint and remove personnel necessary or
advlaa<abie for the maintenance and opsrattcm of this Common Areas.
(e) To deposit fumed■ of the AdS*xiatian in any bank or
trust company jointly in the nams of the ^42eciatioa and the
City of Northampton ern! to open and saintaLA 4 Separate acccuaat
tar that purpose of provlding NalntbnahCs Of the Detention and
lt4t*ntion Areas, pipes and other rsaluir*d ■mint*nsncs Of the
Homeowners Association and also roe the purchase of Liability
Insur4nos for the Detention krsae as r•qquirad by the planning
aaaRrd of the City of North&jkpton. The minisaM *Mount rQCS1-rad to Tn the
be
avanti hen`n ntafalls below hO $3,000 00,E ll plots tO be
aaaesaod equally to rasters the account.
(f) To deposit funds of the Arsatioiutlon in any bank or
trust company and tO open and maintain a s4p4rata aoaount !Of the
purpose of the purchase of Liability Insurance for the Detention
Areas an required by the planning Board of the City of
Northampton. The miaimum amount required to be maintainod in
said separate account will be $400.00. In the event the 6SOUftt
calls below the 5400.00, all lots to be assatssad squally to
restore the pocount.
(g) To manage and otherwise deal with the Common Areas,
including that power to asks CaontVACte.
_IV-1 98 07:52 FROM:J J MOR RRTY 41,5bd(bW40 Iu:1ri31ti4.)lZ:C'7 rHU=;1(
thereof. it all the Managers are present at any sooting or the
4aard, no notice shall be required and any 'business may be
transacted at such sooting.
.7. XXXTINGS OAF TMZ BOARD: At ail seating• of the aoard,
Two (Z) Managers shall constitute a quorum for the tranaaoti.on of
business. The votes at a majority of the Managers present at s
meeting at which a quorum is prowe"t shall conotitute the
decision of the Award. it at any meeting of the Board there
shall be loss than 4 gQorum present, the sooting shall
automatically be adjourned to the sans time and place one weex
after the a4lourned sgetinq. At any adjourned msetIngt at which a
quorum is precast, any business which sight have been transacted
at the meeting originally called may be transacted without
further notion.
The foregoing shall not apply to the First Board, which will
covsiet of only two (2) Managers.
K. COXPZ tS1l' XQN - SARZTY H"D&J No Managers shall receive
any compensation for acting as such; provided, however, each
Manager shall be entitled to reimbursement for all reasonable
expanses incurred on behalf of the Association.
L. ltd "ttOUNAI. LIABILITY; No Manager shall under any
circumstance or in any event by hold liable or accountable out of
his personol assets by reason Qf any action taxen, suffered or
omitted by him in good faith while sarvLng as Wattager, or toy
allowing cme or zero of the other Managers to have possession at
the trust books or property, or be so liable, ^C00untable or
deprived by reason or honest errors, of ju4gmont or mistakes of
fact or law, except for w111fUl acts in bad faith.
M. eaLt-DzALINQA No Manager shall he 41sgaalitied by
reason of being a Manager from contracting or 4saling with the
Managers or with one or more Lot owners whether dirootly or
indirectly because of such Kanagorss interest, personally or as
Manager. or because of any Lot owner's intorest In any
corporation, airs, trust or other organisation connected with
such Contracting or dealing or because of any other reason as
vendor, purchaser or othiarwise, not shall any such dealing,
contract or arrangement entered into with r*spact to this
Association in rhich any Manager shall be in any vay interested
be avoided, nor shall any manager so dealing or contractinq or
being so interested be liable to account nor any prosic roaliasd
by any such dueling, contract or arrangement by reason of such
)tanager's holding office, provi.4e4 the Massager shall act is good
faith and shall 4tecloss the nature of such Manager's interest
before the 4*41ing, contract or arrangement to antor*d Into.
x. TwocWtTvt The board of Mongers and each Manager shell
be ir4of►nifiad by the Lot Ovhers to the extant of their Lot
ownerohip aggi,n*t any liability Incurred by these car any of them
in the carrying out of their duties hereundar, put in place 4n
4OV-) 98 07:52 FRUM:J J MUKIHKIY /��IU;1frflt3 t`71Ji=7 rnu�.ioDIP
created for the remainder of the term, provided, however, that
prior to the tirst Biection meeting, any Xanagar designated by
the Grantor(s) w4y be r&maved only by the Grantors) and In the
drantor(s) vole discretion and xithOUt the need for a alsetinq or
vote. The Grantor(a) shall have the unqualified right to
de*ignatO ■ successor for any such manager removed by the
drantor(s) . Any member at the Board elected by Lot Owners and
whops removal has been propgsed by the Lot Owners shall be given
timely notice OV the meeting at which his removal shall be
conai.dared and an opportunity to be heard at the meeting.
E. VAChNCIES: Vacancies in the Board of Manager* caused by
any reason other than the removal of a mesiber thereof by a vote
of the LS,t Owners may be filled by the unanimous consent or vote
Of the remaining Managers at a regular or special mosting of the
Suard hold not More than ton (10) days alter fany such vac4aay
&rises, and each Manager ■o elected shall be a member of the
Board until the next Xnnual Meeting, at which time the Lot
owners shall elect a Manager to fall the remainder of the term,
if any.
7f as a result of vaoanaiss ooaurring etter the First
Election Keetisg theme are no !tanagers an the Board, a special
meeting of Lot owners shall be called ror the purpose of alactinq
a Kanagar by circulating to all TAt Owners a notice signed by the
owner* of at least rive (5) Lots.
F. ORGANTZATIOR HEOT3l1O: The fire% Meeting of the board
following the Annual )testing or the $trot 1160ti01t Kestinq (it
other thin an Annual Keetinq) *hall be held within thirty 130)
days thereafter at such tiros and place as shall be fixed for such
*eating.
Q. INGU ,AR MZLrTIWGR, YAqular moetings of the board flay be
hold at such time and place as shall be detor>sinod from t1ma to
time by a majority of the Managers, but at least rah+ such
nesting, which may be the organisational meeting, ahall be held
during each fiscal year. Notice of regular of the Board shall be
given by the Clark of the Ae4aciatlon to each Manager by mail or
talspoono at least th me (3) business days prior to the day named
for such pasting. Homeowners within the subdivision ehsil also
be given notice of aosting4 in accordance with thin section.
H. SPSCIAL K ENTIWGS: Sgrcial nesting@ of the Board may be
called by any Board )massager on three (3) business loyal notice to
aaoh Manager, given by mall or telephone of in hand delivary,
which notice shell state the timo, pl000 and purposes of the
meeting.
I. MAIVUR OF NOIPTCE . Any Manager may at any time we i vs
notice of any meeting of the adard in writing and such waives
shall }as deemfed equivalent to the giving of such notice.
Attendance by a Manager at any meatinq of the Award shall
aonstituto a Waiver of notice by him of the time and place
.JV-1S 98 07:51 FROM:J J MORIARTY 41352YB040 1U:1r21H4s152y VHWt:15
AOC: a ream dbld?1S 10;14
ARTICLE 4
HObOWNER5 ASSOCIATION= The managesent and maintenance of the
areas speolfied in Article 01" Subsection (maintenance shall be by
the 9an4lawood Estates Someownmrs Association.
I. ONNI°, HAP; Tne Roadway &raaa shall ba reta,immsd by James
F. Boyle and Patricia A. Boyle in order to obtain aaoeptanoa of
the street by the City of Northampton. In the event that the city
does not accept said 4treet then ownership will be transferred to
the Hou"wnsrs Association.
2. so"o or XAN GERlS: The Board at Managers ("Doa]rd%) of
the Association shall manage the business and atfairs of they
assoalotiOD 404 shall Consist at three (l) Xansgers.
B. FIRST SoARD or WWAGBRaa The First board of Managers
shall be designated by the Grantors and shall Consist of the
follgwinq Managers, who shall serve until the First Xlectl.on
Meeting no hereafter described. Zones f, Doyle and Patricia A.
Soyls are hereby appointed as the Managers of the First board.
Upon the O.rantorsO Conveyance of tier final lot to a
purchaser unotfiliate4 with the arantar■. Grantors shall resign
as a ltanaver of the First Board. The Grantors reserve the right
to resign at on ■^rliar chits provided that a new anard of
Konagara has been designated by the Grantees.
The Managers of the First Hoard shall be subject to removal
in the manners set torth In Section 0 of this Artl.ele and shall
be subject to replacement, in the avant of resignation or death,
in the manner not torn; in 8eation B or this Article.
C, S0'8S7s0UXVT BOARDS 47 MANAGERS t The Hoard, designated
pursuant to Section b above. shall hold office until the first
Election meeting of the lot OwReXS, which shall he hold as a
ape+vial meeting of lot o rr►ars, Within bo days altar the data on
which title to the final lot hia been conVeyed by the Grantors to
pitrahasor a.
Not withstanding the foregoing, in the avant an Annual
Hooting vt lot owners is t4 be bold within sixty (40) flays of the
date described above. such annual nesting shall serve as the
First Election Meeting. AT the first Election Meeting, the Let
OWnera shall elect three xanagera, one for a tern of one year,
two for a tarn of two Years. Zogb Manager shall hold of fice
Until such time as hie sucoeeaor pas boon duly chosen and
qualified.
D. RZKOVALs At any regular or special sooting of Lot
Owners, any one or more of the Managers Bay be roaoved with or
without cause by a majority In interest at the lot owners, and a
successor may then and there or thereafter be elected by vote of
a majority in interest at the sot 4vners to till the vacancy thus
�UV-11J 98 07:50 FKUM:J J MUKIHKIY 41.S5dfblj41l IIU:1QJIW161a�y FHtaC:14
f
M XNA 4wm am
8. RSPLIR OR IXPRDVZNSNTSI We improvement upon any
Lot &bell be permitted to tell into d1oroviir, wnd each such
Improvemant *hall at all times be kept in good conditloe and
repair and adequatoly painted or otherwise finished.
1*. TRASH CoNrAiN8RO AND CO=4CTL'QM I Ho garbage or
tXA*h &hall be placed or kept on any Lot in an unsightly manner.
G. REKOVAL AND >DISTURDANct OF FdIWKI No loam, Pont,
gravel , aan4, or other mineral resource of any kind shall be
excavated or removed Pram the Property shoVn on t:hs Plan in such
a manner as to affect-the surface th rsof, exaapt in oonjunation
with the building of allowed Improvements or landscaping.
At All timer durinq said vonstruction when the surface of
the Lot or property Is disturbed, the owner of the tat or Me
agent. &#fall uadortaXe adequate siltation. =4 erosion measures in
adpo rdance with good landecaping and construction practice* such
as the UaDA Boil Conservation service, Guidelines.
H. SURFACR 0Ri=RA4S1' #11 surface drsinAgs Crested by
runoff water resulting from the construction of lraprdvementm
sriall be contained on the Lot upon which the construction Use
taken place, or shall be directed into the RoadVSyy with care
provided in accordance with City of Northampton requirements and
pr9oodures.
1, S CEPTIONS FOR ORIIN'3' M Xothing *ontainod in the
covenants shall be construed to prgvent the erection or
-maintenance by Grantor, or its duly authorised %gents, of
structures or signs naosssary or convenient to the d&velopment,
sale, operation or other 4ispow4tioa ot)< the Property. However,
any such arruct,Bres or signs shall be removed by tha Granter upon
the sale of all properties.
J. RBCI=TION VXKTCLZ:Sz No *atorised reereatieaal
vehicle shall be operated an any lot.
A. 4MINALS. Said promisee shall not be used for
mechanical, msroantile or manufacturing purpoass and no fowl or
livestock, &wine or horses shall be kept upon said promises and
no kennels shall be maintainsd thereon.
L,. SU'$D1v1$YoN oP tOTSI NothiAq in these restrictions
shall be construed to prevent the development of additional flag
lot* with acces*ing on Woodland Drive or Bylven Lane #or either
frontage or 4CO00s. It the flag lot doss not use woodland Drive
or sylvan Lane for access to said lot, then they do will not be
subject to the t&rims of this Declaration. Should Bald liaq lots
us woodland Drive or Sylvan Lane for &cocoa to said lot, they
will be subject to this Declaration insofar a this Declaration
1pay apply to said lot.
40V-19 96 07:50 FRUM:J J MORIHRIY 41.Sbi2fba4b Iu:1 1.3
AR 10,14
Area of •itch lot. All electrical service, telaphons limas, cable
television lines and other wires or ilnae for the transmission of
energy or information shall be located underground and no outside
lines for th• tranamiabion of energy or LnSormation shall be
Placed ovornead,
M DWELLING s2Z>E;t The ground t1oor area of the rain
structure "Oluaive of orha•stary open porches and garages shall
not ba lass than 1,600 Square last fQr a one•etory dwellinq now
loss than 3,000 square toot for a two story dwelling. Ail
dwellings shall have a minimum of a two car garage either
attached or unstt*cheel.
(e) Diat'V"Aye: All driveways an the individual lots are
to be either laved with blacktop or concrete, except ~there a lot
doss not access in any May to wocalavn Drive aA4 Sylvan Lana.
H. ""OVAL OF GRANTOR FOR IKMMV=MV-rS: No dwelling shall
be •ractsd, placed or allowed to stand without the pprior written
approval by the grantor of the sine, plans, apecLlicatlons, ahya
locations thereof for a pariod of net nor& than lour years
following the conveyance of the last Lot owned by him. After said
four ymar pariod, all approvals such approval ahall not be
unreasonably withheld and a aertificate thereof. in form
satisfactory for recording shall be furnished by the grantor, if
requested by an Owner: seeking to erect, place or allow to Stand
upon any let any Ialpxovft onts aforae4j4. The drantor shall not
be responsible for any structural detects to such plans or
speeiticatie e, or in any building or structure orected according
to such plans or sp&oificatLons.
C. TNNPORARY OCCUPATIONr He trailer, MODL14 U018e,
basement of any inoeNpiats building, tent, truck awspar, shack,
garage, barn, :and so twMarary building or structura of any kind
shall be used at any time [or a res.idenos in the Residential
Areas, &YCeppt such use or structures sap be use$ durin4 the
raconatrueti.on of a dwelling in the Residential Areas. The
struoture shall be resovod immediately attar the completion of
reconstruction.
D. NUISUCA9: No rafktse, rubbish vehicles parts or
bodies of junk vast& at debris of any kind shall be placed or
permitted to accumulate upon or adjacent to any lot which will or
may render any suCb Lot or any portion thereof unsanitary,
unsightly, offense Or detrimental to *Ay other Lot and no
activity, structure or device shall fee eanducted, built or
saintainsa which is or say be offensive or daUrim .tal to any of
the other property in the vicinity or to its occupants. All
unregistarsd motor vehicles shall be garaged or otherwise hidden
from view of those Persons traveling along Roadway Area. iii
addition no more than one unregistered vahial.a will be stored nut
of doors on any lot at ono time.
40V-19 98 07:49 FROM:J J MORIARTY 4135276040 1U:IY818461 HHUL:12
Darr 96g03l�03 01! /'19�/mD1 *V/M 1gat
A. Uosidantial ,press
8. Roadway Area
a. PERMTIED USES AND RZSTAiCTXONS: Mach lot within the
Property shall be for "a exclusive use and bsnsfit of the Owner
thereof, subloct, however, to all of the fol.lov&nq limitations
and restrictions:
A. 1188 OF RMSIDENTIAL AAS, a 7b4 Residential Areas,
namely, Late 1--29, may be Improved and devoted to use for one-
tamily dwallings, ar suCh other residential us*$ as may be
per>fnitt*4 by the City_ of Northampton Zoning Ordinance, and any
other applicable sEate, county, or vunie.ipal rules and
regulations.
S. USt OY ROADWAY AREA$: shall be weed by any owner
for all purposes for wbich roads and streets rimy be used in the
City of Northampton, Upon completion of the subdivision
improvenento required in the Subdivision hpproiva7. granted by the
Town of Northampton Planning Board, the Grantor shall patitiovn
the city to accept the Roadway Are& as a Public Ray. Until such
tins as the Planning board has approved all construction pursuant
to the approved construction plans an4 has osrtlfieei that all
order of *anditions have been fuirliled in the Grantor petitions
the City of 1orthampton and the City has accepted the street and
appropriate doonb eats have been recorded in taie Hampshirw County
Registry or Deeds arms am contemplated herein, any costs for
maintenance within the Roadway Area shall be the responsibility
of the Homeowners Assootation and the Roadway Area shall be
managed by the boar4 of ManaQerrs with costs allocated in time same
manner as costs allocated for the management and maintenance at
the Retention Area&. In the event the City does not choose to
accept said roadways, then the r::ponsibtlity of the 1(ameawnors
Asscoiat en to maintain the road a• outlined above, will continue
in perpetuity.
C. ZASE1[8MTS0 The Grantor rmssrvas t6 themselves,
their theirs, succeeeore mod assign* the right to construct•
permit or grant easements, for the installation and maintenance of
drainage facilities as may be required by than City of
Northaaptan. The Grantor further &M +iailaYly reservsa the right
to grant easements for tAe construction and maintenance of any
underground utility servicas being distributed to this "Property
aublaat to Hastriations" as such rights may !ba raquir ed by the
city of Northampton or those private coap4niea providing said
serviced to the •Prapsrtyu herein.
3. RMTRICTIONS
A. (a) IKYROVKKKKTS kKD RESIDINTIA.L AREASt no
improvaments other tA&n +n10 siagIft-family dwelling house tagethar
with a garage for the storage of out more than lour (4) private
4Ut•onobilss and such outbuilding, including barns, art is
customarily appurtenant to singla-faatlly dwelling in the city of
Northampton sac convenient to the moo of the promiisoo in ■ manner
consistent with a a development of this sise and character, shall
be constructed, plan*d or alloved to stand in the Residential
JU-V:� 98 UY:48 FHUM:J J MURIHN1Y 4135brbb4U IU:1rb1tJ4.:J:CDC:1.7 rHUL;11
' �; dt l4�i11�01 Q4J0�/1991'i 1D:14
LOT: The term NJot4 shall lawn each numbsrad parcel of the
Property which is shown on the Plan (being Lot■ 1 throuab 29
inclusively) hereinafter described.
MAINTMIAMCEe Shall 1Meani
1_ maintaining the retention and detention basin, drainage
linen outside the proposed City right-of-way in proper working
ardor and In oomplianaa with the maintenance schedule contained
in they Order at Conditions of the conservatlon Commission of the
City of Morthawptont sa d der is recorded in Haapshir■ County
Ragistry of ANd& Book ?of page .. ! ) ;
a. The maintenance (inclgdinq. but limited to, snow
removal, grass cutting and replacement) of the cul-de-sac ialard
including the granite curb, and all sidewalks and lawn arose in
areas of the subdivision where the sidewalks and lawn areas do
not abut a lot which is part of the subdivision and also
maintaining th• ei4awalk area lacakad in the first 400 feet
sunning along Lot I from Westhampton Read.
Except for that moo foot auction of feat I door-riled above,
where the sidewalks Abut late in the subdivision, the portion
abutting each ;.Ot will be maintained by that particular Lot
owhar l
a. The mainteranae of the street lights and the cost of
electricity used for soon.
ptANI The term "Plan" shall Sean that Plan atltltled
"6andlewaad satotes Definitive Subdivision of Land in
wo,rthampton, llaa+aaahusstta and prepared for Taa*s F. and patriela
A. Boyle dexed s+sbruarsyy il, 1996 and recorded with the Noupshire
County Registry of Deeds in Plan poou LBO Pages 68-72 and as thay
be revised from time to kiss, showing Lots #1 through 34 and the
Roadway Area.
ItraIy PTIAL ARBAa The term 'Residential Area" shall mean
those areas of the property designated on the Platy as numbered
Lots 61 - #19.
RoAaMAY AREA; She term "Roadway Area" shall mean the paved
roadwi y arsa together with the rights of way on sao}f side of the
paved roadway aridd the cul-de-Aid area, Street: the roadway `Xo4
to be designated woodland Drive and gylv*n Lane.
ARZTICLN 2
pROPBRy"Y SUA31= TO D$CLARNTION s The Property subject t4
this DealaratJon shall be the land in xorthtupton. M06achusetts,
being Lots 1-99, and the Roadway hrai, all as more particularly
shown on the Plan described in Article I hereof.
A34TICLS 9
1. LAND CWSIFICATIOKa: The property has been divided
into the following use classifi.catloas;
iUV-1�J Jai W(:4ti FKUM:J J MUK1HX1Y 41..5Z>Cf(bUgU IU:1fG1ij1i1:-137 I-Hk3m;lu
AW= ON 10M
DECLAVATION OF PROTB=vt C+tfIMNANTS
PUAMRI.S
This Declaration of protective Covenants is made this 3r4
day of my,, 1906 by James P. Boyle and Patricia A. Boyle,
(grantor herein) as owner of certain real estate In the Cit of
NQCthaaptan, Haepshiro County, Kasmachueatts (Proport<.y hareyn) ,
being more particularly described in Article 2 hereof.
It is the intention of the Grantor, in furtherance of a plan
for the development of the property, to moll and convey all of
said Property subject to the condition*, limitations and
Covenants (covenants herein j as set forth in this oaclaration at
Protective Covenants (Declaration: herein) .
It is the purpose of those Covenants to providsa: a means for
the devalopm*nt and use of the Property in a wanner consistent
�)fl with the Orantor'n intentions and consistent with the Conditions
imposed by the city of Northampton Pl4imatng board in its
Subdivision kpproval for +aandleaood Estates". The provisions
or this declaration shill be un4erstood and conotrued to
accomplish thee* ob�octivea and every person, by acceptance of
rile deed to a portion of the Property dpas hereby agrees to be
bound by the covenants contained in this Declaration.
(� A1R'1'ICLS l
The =ollowinq definitions shall apply to this covenant:
ASSESSMENT: Shall moan the amount of money due by sanh lot
for all purposes, i.naludin% maintenance of the common areas as
determined by the Roard of Kanegors in their sale diecsation, to
be detarmine4 on a yearly basim.
ASSOCUTIONt Shall mean and refer to Saardlevood Mstates
Homeowners Association, its eucoassbira and aseieiha.
BOARD Of X"Aas"'. The term „Board or managers- aboll
mean the thres member Board established heroin for the management
of the Home owners Association.
DZPtKYTXO1fB: vnleas, the context otharwiss epeuifisd or
requires, the terms defined in this Article I shall, for all
purposam of this Declaration have the meanings herein specified.
GRANTOR: the Term "Grantor's shall moan Jaies F. Hoyle and
Patricia A. Boyle, or their nosiness, successors 4n4 ansigns.
IMPROVEMENT: The term "Tup=vsmankh shall areas► and include
all buildings, outbuildings, garage, abode, carports, wells,
stairs, decks, fences, pules, signs, driveva s, tennis courts,
sw3,minq 00010 and structures of every iciind and typo.
;UV-19 98 07:47 FRUM:J J MURIRRIY 4165Dd(bWgW IU:1ruitiq iz>dJ rl-1[at:ay
-%C, 96D0 MM Olt 1WA24 05/10/M 12;41
louuud By bhactXL&mvrgn Conservation Ca&aLssion
xignatura■: r
This order mudt be signed by a majority of the Conservation Commission.
Qa Chia day 4E 1996, before *0
personal ly spots=ed^ MjrYk.,e�rh , to me kn*wn to be the
person d090rlbed in and who,executed the oregainy nskrumant and ackgawlcdged
th4t 2+v/shv executed the same as hiiiher free act end deee.
4.
Notary public 10 My e0PWiGS1 a expLres
she ;pplleant, the owner, any peradq apgrievad by this order, any owner of Land
abutting the lard upon which the proposed work is to be done, or any ten
residents. of thA City or town in which such land is located, are hereby notified
of their right to ""at the Dopartment of 6nvirvnm¢ntal Proteeticf, to i4:suo h
Superseding order, providing the request is made by Certified mail or hand
daiivory to the nepartment, &Leh thn appropriate filing sea and Fee Transmittal
Form as provided in 310 CHR 10.0311}, Mlthin ten days from the date Of issuance
of this determination. A copy of the request shall at the same time be vent by
certified sail or hand delivery to the Conservation Cowlesion and the applicAnt.
•Datach an doete4 line and submit to the Northampton Conservation Com isaion prior
to oomenoc ant of work. VLZLM NOTE--THIS IS NOT RYQUIR8D IF T'= CONKISSION=5
W.RSA.DT RECORDED MM ORDER. 116 Is =IN USUAL PRAC:rIGE, UNLESS LAM Yu REGISTERED
IN LAND COU19. .... ...
..................................... .... . .............
To Northampton cojltrrvntidn Cff%LRntnnz Please be Advised that the Order of
Conditions for the project at File uu4.her all- ., has been
recorded at the Registry of 8ampahire County and hao boon noted in the chain of
title of the affected property in accoreance With General Condition 8 on
19
if recorded tan ..the ln--uicrument number which identifies this transaction is
regLaterad land, the document number which identiflea thin transaction is
Signature _hpplieant
page 9-6 (memorex\wp\conscom\arder.cc)
&7'!'>C,9.Zt a MSM
°1 ALIAM't° .7.1 WHOli1iS
4OV-19 98 07:46 FROM:J J MORIARTY 4135276040 TO:17818431529 PRGE:08
: SMIC158 OR /48$LW VIM 11:47
MOOZON an ARDIVE T11T10M COUTIor.,
As. !Erosion control devices shall remain in place until all disturbed earfatea
have bean otabili:ud with a vegetative cover or until the Commission has
authorised their removal.
49. All Stockpiled materLals shall be located outside of the wetland resource
areas and 100-foot buffer sane, and ahall be stmbL1&*o4 to Prevent erosion
and sedimentation into the wetland resource area.
50. w combination of hay bales and silt fencing moat he used as a
sedimentation barrier. Snow fencing ■pp11 be uae4 to denote the L1mlt-cif°
Mork, on •toyer with place than a 2t 1 grade.
sTORNeAMM Rumen t POILMANT raaveyrrxon
51. As indicated on she plane approved by the CowLaisloe, etDRnwAtor shall be
directed [ire!. to a sedimentation banin for removal at suspended
sediments, and thereafter to a wet detention basin for further removal of
sediments and nutrients.
The dry basin may be sawed, and the sediments riawveq fresa it periodically
an necessary.
VegeLartlon Ln the wet decontion banin may not be harvested Annually
following dieback in the fall, nor may accumulated sediments be removed
periodically.
Disposal of any removed vegetation and sediments shall Occur outside of
wetland resource arses and butter sense and shall conform to all
applicable laws and regulations pertaining to the disposal of such
material.
52. prier to eonetruction occurring an the site, a detailed ma�Lntonance plan
Mall be submitted for the detention basin. The plan shall be approved by
the Commission prior to implementation.
53. The detention basin shall be aa*4 as a silt settling banin during road
conatrvotlon, until the bass coat of asphalt ham been lain.
54. The replication wetland *hall be constructed within the detention basin
prior to filling the gatland dtscussod within the NotLce of Intent.
55. Lots 1-4 Mall requlYB the submittal of a Native of Intent ana receipt of
an Order of Conditions, prior to the start of conatrucklon_
56. Prior to the submittal of a Notice of Intent for Lots 1-4, a permanent
Limit of Mork line shall be established at a minimum Of 35 Coot from the
existing Wetlapd.
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IOV-19 98 07:46 FROM:J J MORIARTY 4135276040 TO:17$18431529 PAGE:07
000; 9600 MM OR AW 05/101198611;91
VRI91MA Access/aTaxAasr
36. All equipment shall be operated, parked, and maintained in such a manner
that wLll prevent potential alteration of the wetla44/reaaurce arcea and
buffer :one.
CEMM DP 49TOND LUXT or NOAit
37. Any foreign material located an the surface of the ground heyoad the lLmi.t
of work, shall be removed by hand or pulled out with the moo of chains. No
heavy equipment shall be allowed peyor4 the Limit of work.
MB=t.aKD REMICKTION,
38. The area proposed fo`r replication shall be staked prior en the excavation.
with notification to the commission when completed.
39. A pstland Specialist, approved by the Conservation Corm4apion, shall be
on-site daring all phases of the tranaference/replanting and construction
of the replication Ores.
40. Soil depth and structure, surface topography, and hydrology in the wetland
replication pros shall roproducc the original wetland to the greatest
extent poeelble.
41. The wetland replication area will be plaf+ted wish nntLvs species Ot
wetland plants, an 4400r4ance with the p14AtLny ■choduln provided in the
plane.
42. If the seed stock rand vegetative structures in the excavated sails do not
rasuit in establishment of a plant Community comparable to the osigtnsl
Wetland in species composition, and with at lsaat 50 percent cover by Cho
end of the first growing season, the applicant Ohall suVVIOMent the
original plantings with plantings of indigenous epaoigv obtained from a
nuraery apeaiallaLng In the propagation of wetland plants.
43. A report of the eucceea of re-vegetation activities *hall be 0uh12itte4 to
tha Conservation Com lonion, by a qualified wetl4ndq scientist an the
following scheduler By (30/31/97) and
By (10/11/98)
44. If moron than 501 wetland vegetation has not beeri *$tabilahed after one
growing season (3 years, than additional plantings and/or changes to the
wetland restoration plan shall be submitted to the Conservation Commission
for consideration and approval.
45. it more than 7S► wetland vegetation has not been established after two
growing seasons 12 years), then additional plantings and/or changes to
wetland restoration plan shall be submitted to the Commnisaion for
conalderatlon and approval.
4b. At the time of requesting s certificate of Compliance, the applicant must
submit a "Summary Report", by a qualified individual, of work completed on
the Bits, actions ta)ren during the rbpllcatlan, and the rate of success of
Wvti4A4 repiiaativn.
47. Na additional wetland areas shall be allowed to pa filled or altered on
any Into within this property without the aWOval of the Commission, sow
or in the futues. A deed restriction stating thie shall be incorporated
Into all dugd■ and future divisions of this ■l%a.
page 5-6 (srmnorsx\wp\coalecom\order.cc)
JV-19 98 07:45 FROM:J J MORIARTY 4135276040 TD:1Y81843 529 HHUE:06
Doc: 960010158 OR 14881/0225 05/10P.9%12:41
15. If checked:[ x] YES
An -he aui,lt" plan Of the wetland replication/drt*ntton Aran shall be
includfad with the project enginoar•s certification, detailing the post-
4evetopbent Conditions of the Pita.
Flom CAE;:
26. Any chango or deviation from the HOtiCe of Intent, plane and/or order of
conditions Approved by the Commission, prior to or during construction,
ahmll require the applicant to file A request for an 4mn4ment with the
Conservation Commission. [t shall include a written inquiry as to Whether
or not the change to substantial onough to require the filing of a new
Notice of Intent. I
After making A positive datsrminatLon, the Commission shall conduct a
public hearing for the purpose of amending the Order or to irtaaa a new
order, it a ne" Notice of Intent io required.
PRE-COMMUCTION RZQUIRBNZNT$s
21, Prior to the start of any site work, exChvation or construction, a
preeonaerucnJan conference shall be held on the site, between the
cnntractor conducting the work, the si.te/project engineer, the applicant.
and a member or agent of the Conservation Commission, in order to eesuvice
that the requirements of this Order are understood by all parties.
20. Once erosion control deviciss are installed, the applicant oholl notify the
Conservation Commission that the installation has been coAaPlatwd, prior to
the commencement of any eita work.
29. She names at the wetlands specialist shall be submitted to and approved by
the Conservation Commission prior to the begi.mninq of work,
30. Cutting of tramp located within the right-of-way shall be allowOd prior to
installation of the siltation harriar, as long as stumps Arre not removed
or unearthed.
31. All silt fencing and erosion control shall be inaeAlle4 prior to removal
of stumps and shrubv Within tho right of way.
32. The applicant shall notify the Covialovion in writing of thu name, address,
husineea and hones tolophone numbers of the project eupervisot and/or
contractor who shall be responsible for ensuring compliance with the
conditions in this order.
33. In the event of an omacgency, probleeo, or rho noud to diacuse site
conditions with the Comsisaton or its agent, the contact puroon for this
project shall be during the days Paulette L. Kgsd*ba, Senior Planner and
iA the evening or on a wockbnda Xiehael Reed, Vice chair conservation
Commiaelon.
M QUxamams DR azue aCTI1/a CWSSAUCTIOpa
34. Haybalea/silt harriers shall be inspected at the oloae of each work day,
and after oaah rainstorm. Any breaches in the siltation barriers shall be
repaired prior to the coettnuatlon of work.
35. Flags shall be chock@* and replaced 40 necaaaaary prior to the start of
work. The flags shall be maintained until work to complate-
page 5-5 4momorex\wp\conscom\order.cc)
IN
OV-1) 98 07:45 FROM:J J MORIRRTY 4135276840 1u:1 rHWt:bZD
MUM UK Aalv022q 05/10/19% 12:47
17. Areas of c*nate4ction shalt remain in a stable condition at the close of
each construction day. Erasion controls rhall be inapactod at this time,
and msintAinod or reinforced to meet ■pscificatLone In the plans and this
order;
is. All construction :rein shall be restored to original condition or better
upon completion of the project, including replanting of vogetationj
14. The commission aad its agents shall have the right to enter and Inspect
the property at any time for campilsncs with the conditions of this Order.
the Act, and Wetlands protection Regulations, lie amp 10.00 and chapter 24
of tha City's ordinances: "The wetlands Protection Ordinance". They shall
have the right to request and ret:elva any data or documentation that is
doomed necessary for evaluation of cnmpllance..
20. ?hie Order of conditions shalt apply to any successor in interest or
successor in controls
21. The contractax ire an rooponalble as the applicant and property owner for
any violations of the Gvdaro of Condition and penalties uA4er the law,
while all activttloa cogulated by thin ardor are baring performed.
A copy of this Order and associated plans shall remain an site during all
construction and/or building activities. The project manager and all
equipment operators shall he familt4m with Cho approved plane, and shall
be informed of their location on the uito.
This location shall tae aaoosslblo to all oantractoro wllgAe VeC work Le
occurring on alto.
A copy of the plans and order Bunt always be on-sits and in all excavating
machinery when work is being pexfoxmed)
22. All requlred permits suet be obtained from the Planning Board, tuning
Board. nopartawwc of Public Works, and Building Inspector prior to the
start of projects involving fill within any watland resource areal
23. Thu owner of the property described in this Order, must advise any
potential buyer of the property that any construction or 811eratlon to
said property, Including hruah cutting or clearance, may require action tfy
the Northampton Conservation commission.
Any inetr4Mnt Conveying any or all of the owners' interest in Bald
property or any portion thereof, chalk Contain aAinllxr language as
follows:
"This property may be oubject to the Northanptb,l Wetlands Protection
Ordinance, Wetlands Protection Act, an order of Condition*, and/or
a Determination of Applicability from thn Northamprtn,r Caneervatton
CCOW144ion";
24. Upon completion of the project, the Applicant shall submit a certif.Rcation
that all work has been done in conformance with the provisions of the
order of conditions and request 4 certificate of Compliances.
If checked, (XI yu
Certification shall he by a Professional Engineer or by a Wetlands
consultant who shall have been approved by the eammlasiont
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4OV-19 98 07:44 FROM:J J MORIRRTY 41352fb0gU iu:1
960 OR OR M110223 051101.9112:47
S. A algn *hall be displays4 et the site not Less than two 4quars feet ar
more then three square fast In size bearing the wark0., 'Massachusetts
Department of Environmental Protection, file Mumbns 246-304 ".
10. Where the Dupartmqnt of Environmental Protection i* requested to sake a
determination and to issue a suporeoding Order, trio conservation
Commtoskon shall be a party to all agency proceedings and hea,cinge befn>`e
the Department.
11. Upon completion of the work daarrib4w hereln. the applicant shall
forthwith rbyuabk in writing that a eertlficato 4c Compliance be is4ued
stating that the work has been satinfactorLly completed.
12. The work shall conform to the following plans and spacial conditioner
PLSAS TITLE DATED 41MM0 b 4tAMPED HY2
0-2 reneral Lot LaVOut_.Plan n!0.
Brl-U4 Road Pian G Profile 242ar9e JAwrenee R. Smith, PE
RPS-Mfr Site Details 6 Notes 2/2AM LawrQ4QQ Ri. Smith. Vz
B-802 aai 212BLU
C Details rev 3112126 Low wn R. amLrh. pl
all Plans wn wile with nortbsptan conservation Commtseioa
spseisi Conditional
13. The sppllcsnt shall nOLLfy the Commission, in wrLting, an to the date that
the work will be romancing on the proiaat. Said notification must be
marivd bV eke c4molasLos no soonwr than (10) d#y■ *pd no later th" five
(s) days prior to the COQYNMACOMOdt of the approved activity;
14. No 4x00. within the 100 year flC,*4Pla1n, any wetland, or area within 1U0
feet of a wetland or 40 !fret of a 100 year flcOdplaln, as defl.ned Ln 310
CKR 10, and city of Northampton Ordinegcee - chapter 24, shall bm
parpipaible disposal sites, unless such areas arm sppeLElcal.ly approved by
the Cenmmieoiont
15. excavated material and topsoil atockpiles ahall be iocatad and stabilized
so as to minimize washing into wetland areaa or waterways;
16, adequate measures uhall he taken to prevent mrosion and ailtation of all
di,wturbed araas, and shall be Lmple,mented prior to any cunatruction.
Sedimentation an0 erosion control doV icaa shall W placed Pce=dinA to
standards sat in U.S.D.A. Sell ConservatiOn Sarvicc, n4OL4011uas for 8"t
and water Couaea-aetian is Vrbauised aroma of U44eachR2Wtta-.
Placernant of sedimentation and erosion aadcrol shall be directed at the
Oita by the project engineer in order to accomplish maximum Control of
srO%LOn to ensure that n0 evaded materials will entisr wetland resource
are4q.
Nay bales must he staked. Silt ftnciAq must be iAs1WLlled in a dug trench
with sufficient poromity as allow detained water t* paps through while
trapping suspen4td sediment*;
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IV-19 98 07:44 FHUM:J J MUHIHHIY 41.554(b10410 IU:1 FHtat:106
Doc 9 015 CR MBIo222 05/10/19%17:41
Thars,fore, the Northampton conservation communion horaby flrido that the
following conditions are necessary, Ln accordance with the Parformlinoe standards
met forth in the rogulationa, to protect those incoresta chocked ak,ove. The
Conservation eommi$pion orders that &tl work .hall be performed in accordance
with said conditions and with the Notice of Yntont referenced above. To the
e=Leat that the following Conditions M4ify or differ from the plans,
specifications or other proposals Submitted with the Notice or Intent, the
conditions shall central.
General coeditions
I. Failure to comply with all conditions etated harnin, anti Nish all related
atatutea and other regulatory sw4euros, shall be deemed cewse to revoke or
modify this order.
2. The ordrr does not grant any property rights or any exclusive privilegeen
it does not $ythorise any injury to private property or Lnvaelon of
private eighto.
3. 'this Order doom not volLays the permittee or any other parson of the
necaanity of complying with all Other applicable federal, state or local
statutes, or4in44cao, by-laws or regulations.
4. The work authorirod horounder shall be enanpleCad within threa years from
the data of LhLe order unless either of the f411owing apply:
(s) the work in a ingintonance dredging peojact as provided for in the
Act? at
(b) the time for enmpletlon has been ext*nded to a specified date more
than three years, but less than five years, from the data of
issuance and both that date and the apecial circumatatn(joa wacranting
the extended time period are eat earth in this order.
5. Th.La Order may be extended by the issuing authority for o,se or more
periods of up to three yearn each upon applle4tidn to the issuing
authority at least 30 days prior to the expiration data of thu Order.
6. Any fill ueed in connection with this project shall be clean fill,
containing no trash, refuoa, rubbish or debxia, including but not limited
to lumber, bricks, plaster, wire, lath, paper, cardboard, pipn, tires,
ashs&, refrigerators, motor vehicles or parts of any of the! foregoing.
The applisat is prohibited from using do"ILtion "tariml*, asphalt,
large chunk& of Concrete, tree stumps ape lilmbs, and 2*3i*r'al ratting,
1. NO work shall be undertaken until all administrative appeal periods Tram
thin Order hsvn elapsed or, if such an appoal hop WWA Mad. until all
proceedings, betors the Department have been completed.
a. mo work shall ba undertaken until the pinal order hap boon ruoordod in the
Registry of Deeds or the Land CauYt for the district in which Lhe Land lm
located, within the chain of title of the selected pkonidrty. 1'n the case
of recorded land, the sisal order ahall also On noted In thgs fNegiatry'o
Grantor Index under the name of the owner of the land upon which the
proposed work is to be dOnm, In the case of registared land, the Plnal
order shall also be noted on the Land Court Certificate of Title of the
owner of the land upon which the proposed work in to he done. The
recording Information Shall be proposed work is to be done. The recording
Information shall be eubmltted to tho Commission on the form at the and of
this Order prior to commencement of the Work. The Commission usually will
record the Or4wr in the feglstzy of deeds. it is the &pplicaat's
rrapaasibility to in#wva Lha ordrr is properly rscarded.
page 5-1 (ntemorex\wp\0oA00om\erd8r.Gc)
,0-19 98 07:43 FROM:J J MORIARTY 4135276040 TO:1781&:'—. : �9 FACaE:02
a�: 9soalod5a OR ,XIM MOB%12:47
310CHR 10.99 OEF File No. " )
ITO be pray LOU* by DEP)
Forts 5 City/Town URrthwmpto. . _
Applicant S. s F. M!4W
cammo wea4m flap I _,LL_ Farca2 #-12^„.,
of x"AdChugates it I9
Or4or of Caad 4tegs
Massachusetts Wetlands Protectioa Act
O.L. c. 131, 944
and the IWrthaspton Wetlands Protection Ordnance
Fro ao gorthampton Conservation Cowlesion Isnuing Authority To:
JAMA,A FAW;1Cia BOVia Name
Name of property owner Nnsga o! Applicant
4 Ti fanIc L{ypp awe
Address Addrees
This order to issued and dAlLversd as follows:
[a] by hand detivary to applicant or raprooentativo on APRIL 120 1496
( ] by certified mail) return reaoLpt requested on
This project in located in Northampton at Sandlowaacl Lntat !yye on
yfcpth_MRUq,Qn flood
The property is recorqu4 at the RegLatry of Hampshire Countye Mack 4,03 Page 316
Certificate (if registered) _=
The NOtica of Intent for this proieet was filed on
The public hearing wau c Waod on 3/11/1996
FADdimla l
Tits morehAaoton c2&WX=ian Commission ae reviewed the above-reforenced Notice
of intent and plane and has held a publtc hearing on the project. 94*tnd nn the
information available to the Conservation Commission at this timo, the Commisaioft
has daterminod that the area on which the proposed work in to b4 done to
significant to the tollowing ,interests in AOCord4nce with the Presumptions of
Significance 4eL forth in the r6gmlAtiono for each Ares 9ubitut to Protection
Under the Act (check as appropriate)+
( ] Public water supply (K) fleece Control ( ) Land containing
ahcllfioh
( ] Private water supply (X] storm damage prevention ( ] Fieheries
( j Orognd water supply (x] Provontion of pollution ( ] Protection of
Hildl Igo Habitat
Total Filing Fee Submitted 9 745.00 state Share S 360.00
City Share S Se5.00
Total Refund Due 5 0.00 City Forties $ 0.00_ State Portion S-0.00
(112 total{ — (1/2 total)
page 5-i 1enwax4#kwp\eonsc*M\0r44r.cai
IOV-19 98 07:43 FROM:J J MORIARTY 4135276040 TO:178184!1--`1i29 PAGE:01
JOHN 1.MORIARTY
DEC 1998 ATTORNEY AT LAW
72 MAIN STREET, P.O.BOX 463
USTRAMPTON,MA 01027
TELEPHONE (413) 527-6048
FAR (413) 521-6040
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