36-244 (7) � N N
9 H � •r4 rl •Q
4 4 ri 0 � H
N O A 4J a) b 4-i rO z >
A ` � 4J ri r. fn Om O H 7a
Q O N 3 -A O � N R; U a)
„a+� a � 41 A �N 41 04 t w
Fi b'HHEnId baF_: (d > ri
n O N (0 0) :. � � U U)i 3
o H 4J W H O m N O Ln
o a N a) a a) b •rj r� w w ON
H m O •-1 tT tT to V) z (d En O JN
A °
A H E-1 N a) -P H >rL W P4 •r1 W v
.C.' fa ?,
a o m .� aU % a '0 C4 r-: 4J r+ �4
W Uzzi w Sri �`�' %ow F � �ca aa)iA o b
O A 3 U rn 0 (a (A Id N .N.b h
P4 z
ri S4 4-4 4J 4J •ri O -r-i rO -H 'C3
EgPi a 0 0 0 (d0 +-) s404 r� > a
z --Al W z - •• 44 a) a) •rl 44 (1) (1) •4 4-)
O W H W O r to U) }-I t; 9 ro 9 ro (Tj
H m — >~ U •r1 H a) A zf
to P4 as W M rd bO 4a WV N
H W W z • r-i a) N •r1 O O O (d N U) (d b
U Oz A W W •4 4-) :3 N 4-) •r A p I~ LO
w H a H a �4 o ra •ri w V 4) 9 a) z a a)
n A w H a z E-4 a w > r-I > a) wa N fa -P Oro > (d r-i
n a A a w a a) o 0 O O 04•r1 F: rI Z •r) >~ rn
D 1Q'i H D O >t U S-1 z 'CI W b m (d Q( O 4-1 U N
O 04 z r~ r+ a (a o 9 . •rl O +�
0 c H x a o En '0 C: H Id +) U > 3 Z o >1N p � r,
to w z :3 b a) •r♦ N •ri o .14 4-) a) I~ a x
Eca �' H >4 D H .. b o 0 4bbm v • br-I 44 a > a) >~ b
o o a c x W m O m a) � H 4J f4 9 V � 09 a) a) � � 4-) b N co �
m > ° a Di x0 mU' w U f 0 vi4 rt1N 4) 0to Q4 mw (z orNia W rt
• m `�' D N o z 0 (0 a) tr ao P • rO' P 4J r-i-r1 a Ln
D 0 p E O n O H b I~ Rib !~ N d) a) O S4 •• N '0 I~ � (d a) Q)
D U m m E m I- H N A >~ o W >~•ri . v a) 3 4J r-1 4-1 O k (o (d 0 41 41 ?
E a o, a o A � tr � N 111-0 O N (d z a) -s o r-I a) a) •li .Q co
° v c� H Ub a o +) +) b •) > 1~ 13 G>a Q, cn to Cn N
D c'-'C rn p a S i H N . . -rl b r-i O (d - >~ r i Tf
P' V q N Y W tp (d � Ri IA rl d $ C1 1 ri (A rl M d Ln w r- a) N
a •ri m O o •N Id a) o a o 4J +-) 4J 4-) 4J 4J +) m b
c a O 4J z 9 +) VIt: p U 9 •ri (d (1) b (1) a) a) a) a) a v a a)
co P4 w tr O w u, tr 9 O+4-) 4-) (d. (1) a) a) a) a) a) a) v 4J
U' T° ° c° m in ia. a1 ~ Hw ~ ul Ui b •rt (dN 4 �4M
EM C > a U m •• m r •r•I W /1'i (d d-) r-I O b In r •r1 t/) � N U) N N N N N a b
r- c E H W P4 W >~ W 4 0 4) +) P {-I P .[
oR7: Emcm as wa a (d � W 4-) 14 U O a) o +)
aA A b +Jy4a
CXE o a (d > � P
w A W 4-) r-i0 0 0 NId ZUO !~ W
0LLC3c�az 4 � 04 a 404maz (da (d Idm -r1 0
�. FORM I
Doc. 950014160 OR 1411910344 Page 1 PT 2
NORTHAMPTON, MA
08/18/199514;36 August 17, 1995
DATE
COVENANT
The undersigned Todd G. Cellura of
I Print or type name(s1
772 Bay Road, Belcher pwn, MA 01007
No. and Street City State
hereinafter called the "Covenantor", having submitted to the Northampton Planning
Board the Definitive Plan of a subdivision,
Sovereign Meadow Sub-Division May 11, 1995
Name of Subdivision Dated
does hereby covenant to and agree with said Planning Board and the successors in
office of said Board, pursuant to Mass. General Laws, Chapter 41, Section 81U,
as amended, that:
1. The Covenantor is the owner of record of the premise shown on said plan;
See below
2. This covenant shall run with the land
(list specific lot no. )
and be binding upon the executors, administrators, heirs, assigns of the
covenantor, and their successors in title to the premises shown on said
plan.
3. The construction of ways and the installation of municipal services shall
be provided to serve any lot in accordance with the applicable Rules and
Regulations of said Planning Board before such lot may be built upon or
conveyed, other than by mortgage deed; provided that a mortgagee who
acquires title to the mortgaged premises by foreclosure or otherwise and
any succeeding owner of the mortgaged premises or part thereof may sell
any such lot, subject only to that portion of this Covenant which provides
that not lot so sold shall be built upon until such ways and services have
been provided to serve such lot;
4. Nothing herein shall be deemed to prohibit a conveyance subject to this
covenant by a single deed of the entire parcel of land shown on the
subdivision plan or of all lots not previously released by the Planning
Board without first providing such ways and services;
5. This covenant shall take effect upon the approval of said plan;
6. Reference to this covenant shall be entered upon said plan and this
covenant shall be recorded when said plan is recorded.
The covenant shall run with the land being Map X136, Parcels 1241, 242,
243, and 244, specifically, lots 1-11 of a Definitive Sub-Division Plan called
Sovereign Meadows dated January 1995 with revisions dated 2/28/95 and 3/29/95
to be recorded in the Hampshire County Registry of Deeds.
I
SUBDIVISION REGULATIONS-------PAGE 70
DOC: 950014160 OR /411910343 08/18/1995
14,36
Pursuant to Massachusetts General Laws (MGL) , Chapter 40A, 1
Section 11, no Site Plan 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 y
twenty days have elapsed after the decision has been filed, or if f
such an appeal has been filed that it has been dismissed or
denied, is recorded in the Hampshire County registry of Deeds or '
Land Court, as applicable and indexed under the name of the owner
of record or is recorded and noted on the owner's certificate of
title. -The fee for such recording or registering shall be paid by
the owner or applicant. It is the owner or applicant's
responsibility to pick up the certified decision from the City I
Clerk and record it at the Registry of Deeds. 4
The Northampton Planning Board-hereby certifies that a Site Plan
Special Permit has been Granted and that copies of this decision
and all plans referred to in it have been filed with the Planning
Board and the City Clerk.
Pursuant to Massachusetts General Laws, Chapter 40A, Section 15,
notice is hereby given that this decision is filed with the
Northampton City Clerk on the date below.
If anyone wishes to appeal this action, an appeal must be filed
pursuant to MGL Chapter 40A, Section 17, with the Hampshire
County Superior Court and notice of said appeal filed with the
City Clerk within twenty days (20) of the date of that this
decision was filed with the City Clerk.
Applicant: SOVEREIGN BUILDERS
DECISION DATE: April 27, 1995
DECISION FILED WITH THE CITY CLERK: May 11, 1995
V
�/
L Lj—
Eoc�� r
LL`'
"'^DR7 -
Doc; 950014760 OR /4719/0345 08/18/199514;36
June 1 , 1995
I , Christine Skorupski, City Clerk of the Citv of Northampton, herebv .certif�-
that the above Decision of the Northampton Planning Board was filed in the
Office of the City Clerk on Mav 11 , 1995, that twenty d vs have elapsed since
filing and that no appeal has be ed in this m ter.
Ci U
ATT23Tt EMSEIRE, �v ,� . ► Jerk
-- 3 of Northampton
Doc: 950014160 OR /4119/0342 08/18/199514:36
amount bid by the inspector plus a ten (1o) percent
administration fee. i
E. At the completion of the subdivision the City shall
return any balance unexpended for inspection services
and fees to the developer. In the event of changes in
or deviations from the construction schedule and the
completion timetable, the developer shall produce a new
schedule and timetable and increase the inspection fee
by the appropriate amount plus the ten percent
administration fee.
F. If -the inspector is unable to perform, the City
reserves the right to re-bid at any time and the
developer shall pay the differences in the inspection
fee within seven days, plus ten percent administration
fee.
G. All construction must cease if inspection fees are not
paid prior to construction and as detailed in this
approval.
Doc; 950014160 OR /4119/0341 08/18/199514;36
5 . Final elevation check of sub-grade every fifty
(50) feet along the centerline of construction.
6. Periodic unscheduled inspections of the gravel
base installation.
i
7 . Final elevation check of bank run and processed
gravel.
8. Complete inspection of the bituminous concrete
installation (both roadway and sidewalk) .
9 .- Periodic unscheduled inspections of bituminous
berm and granite curb installation.
10 . Periodic unscheduled inspections of detention j
ponds, drainage ditches, rip-rap, headwalls, loam
and seed, street signs, etc.
11. Final inspection of all water gates and service
boxes.
12 . Final inspection of all manholes and catch basins.
13 . Other inspections as needed to evaluate work
within the proposed City right-of-way and easement
areas.
14. Preparation of final punch list.
15. Final inspection of subdivision and final report
to the City.
22 . If City hired consulting services are used, the Planning
Board will set the fee for such services as follows:
A. The developer shall present the Planning Board and DPW
with a detailed schedule of construction and a complete
timetable in regard to the proposed subdivision.
B. The City shall request proposals for the inspection and
administration of the subdivision based on the schedule
and timetables listed above in accordance with 86: 05 of
the subdivision regulations or other applicable
regulations, ordinances, or statutes.
C. The City shall choose the prospective inspector based
on their qualifications and the amount bid for the
work.
D. Prior to any construction, the developer shall deposit
into an account(s) established by the City, in
accordance with 56: 05 of the Subdivision Regulations
and other applicable regulations and ordinances, the
Doc; 950014760 OR /4719/0340 08/18/199514;36
}
21. The Professional Engineer hired to provide inspection
services shall be responsible for the following duties and
submissions:
A, Partial Administration Services
1. Review and advise the City in regard to all
material submissions by the contractor.
I
2 . Review and advise the City in regard to al
submissions dealing with:
I
(a) -requests to change approved plans and/or
construction materials and (b) changes in the 1
performance guarantee held by the City.
I
3 . Review and advise the City in regard to field
changes requested by the contractor.
4 . Review, advise and certify to the City regarding
the completeness and accuracy record plans and
tie-cards.
5. Advise the City in regard to the contractor's
performance and ability to adhere to the approved
time schedule. f
6. Present daily log sheets to the DPW clearly i
showing the extent of the inspections.
B. Inspection services
1. Periodic unscheduled inspections of all
underground utility installations. The frequency
and duration of these inspections must be such
that the inspector is able to state and certify
that the utilities were installed properly.
2 . visual inspection of the complete storm drain i
system.
3 . Review, advise and certify to the City the
following Utility tests:
a. Water System: 'Pressure Test and Fire Flow
Test.
b. Sanitary Sewer System: Pressure Test, "go-no-
go" test.
4 . Evaluation of the roadway/sidewalk sub-grade to
determine the need for special treatment such as
filter fabric, sub-drains, extra excavation, etc.
Doc; 950014160 OR /4119/0339 08/18/199514;36
under the supervision of the DPW prior to the issuance
of any occupancy permits.
15. Upon completion of construction, the developers shall
present the Board with the following information if the
subdivision is to be accepted as a city street.
A. Record Plans and Street Acceptance Plans, in accordance
with the Subdivision Regulations.
B. A formal petition, signed by ten Northampton residents,
for street acceptance.
C. An executed deed to the City of Northampton, suitable
for recording in the Hampshire County Registry of Deeds
and approved by the Planning Board, the DPW and the
City Solicitor prior to requesting the City to accept
the street.
16 . Lots shall not be eligible for Occupancy Permits until the
Planning Board notifies the Building Commissioner, in
writing, that the following has been constructed by the
developers and approved by the City Engineer:
A. All utilities to the said lot;
i
B. Driveways constructed in accordance with driveway
permit issued by DPW.
C. A minimum of the road's binder coat has been installed.
17 . The total responsibility and liability for the maintenance
(including snow and ice removal) , repair reconstruction of
the roadway and utilities shall remain with the developer
and the homeowners' association until and unless the streets
are accepted by the City and the appropriate documents have
been recorded in the registry of deeds.
18. Erosion/sedimentation control measures, in accordance with
the USDA Soil Conservation Service Guidelines, shall be
implemented in a manner sufficient, in the opinion of the
Planning Board, to temporarily and permanently stabilize
disturbed areas of the site to control runoff and to prevent
and to mitigate soil erosion and sedimentation on and off of
the site.
f
19 . All improvements required and authorized under the approval
of this Definitive Subdivision Plan and attached conditions
must be completed within 5 years of the date of the
expiration of the appeal period.
20. The applicant must provide for inspection services by a
Registered Professional Engineer who shall be required to be
approved by the Planning Board and the DPW.
I
Doc: 950014760 OR /471910338 08/18/199514;36
10. Lots are not eligible to receive a building permit until the
Planning Department notifies the Building Department in
writing, that all necessary plans and documents have been
recorded at the Registry of Deeds.
11. Prior to the commencement of any construction, the
developers, the project engineer, and the contractor shall
attend a pre-construction conference with the DPW and
Planning Board Staff.
12: All work and procedures must be performed. in .accordance with
the Rules and Regulations Governing the Subdivision of Land
in the City of Northampton, last revised April 11, 1991,
unless otherwise revised by the Northampton Planning Board.
13 . Prior to requesting street acceptance, the applicant must }
submit sufficient information and documentation to the DPW,
that the pavement conforms to current DPW requirements
regarding bituminous concrete pavement. If the DPW
determines that the pavement does not meet the requirements,
then the developer shall be required to establish an escrow
account, as per the current requirements of the DPW.
14 . During the physical construction of the public ways and
utilities, the developers shall comply with the following:
A. The developer shall notify the DPW and the Planning
Board in writing five days in advance of the
commencement of construction and subsequent phases of
construction so that proper inspection can occur.
B. After the installation of the complete water system and
prior to the placement of any gravel on the roadway,
the developers shall present ties to fixed and easily
identifiable objects and elevation on 4 x 6 index
cards, of all appropriate components (bends, tees,
gates, corporations, service boxes) of said system.
Said cards are to be prepared by the applicants
engineer.
Upon approval of the above by the DPW, the Planning
Board shall notify the developer, in writing, that work
may proceed.
C. The developers shall present proof, at their own
expense, by a qualified person/firm, to be approved by
the City Engineer, that the gravel to be used on the
project meets State DPW specifications.
D. The water main shall be tested by the Developer's
Massachusetts Registered Professional Engineer for
leaks and adequate fire flow, in accordance with the
Subdivision Regulations. This work shall be performed
Doc: 950014760 OR /4119/0337 08/18/1995 14;36
G. A Performance Guarantee subject to the approval of the
Planning Board and the City Solicitor, in the form of:
1. A Letter of Credit, deposit of money, or bond for i
the total estimated construction costs, record
plans, legal and engineering costs to complete the
subdivision, with an additional 10% over the total
cost of completion as approved by the DPW.
2 . A Covenant to be recorded by the Applicant at the
Hampshire County Registry of Deeds, prior to or
concurrently with the recording of the Definitive
Subdivision Plans.
4. Prior to the release of any lots from the Covenant, the
following information must be submitted to and approved by
the Planning Department and the Department of Public Works:
A. A utility plan to include: electrical, telephone, cable
TV systems, which must have the required endorsements
from the utilities. The electrical utility shall be
required to place on the plans a statement that the
proposed underground electrical distribution system is
capable of accommodating a future street lighting
system, to include provisions for street lights and
hand holds within the electrical system.
B. The subdivision plan showing the relocation of the
sidewalks, must receive an amended Order of Conditions
from the Conservation Commission.
5 . The catchbasins shall be cleaned of any and/all debris after
the base coat of asphalt has been applied.
6. Lot 11 shall not be considered a building lot until such
time that it receives an Order of Conditions from the
Conservation Commission, granting approval of construction
of a single family residence. 'If approval is not granted,
then Lot 11 shall be combined with an adjacent parcel, and
shall not be an approved building lot.
7 . If construction of trenches into Westhampton Road will occur
after the proposed road reconstruction occurs, then all
trenches shall be repaired with an infrared patch.
S . If used, concrete sidewalks must be constructed using 4000
PSI Concrete.
9 . All required revisions to plans and documents shall be
submitted to the Planning Board within 60 days of the
expiration of the appeal period of the approval of the
Subdivision and Special Permits.
Doc: 950014160 OR /4119/0336 08/18/199514;36
Conditions imposed on this project for a Definitive Subdivision
to be called "Sovereign Meadows" are as follows:
All work shall be done in accordance with the plans
entitled: "Definitive Subdivision Plans for Sovereign
Meadows" and the related site plans and construction
drawings as prepared by Professional Engineer, Paul Hatch
and surveyor, Lewis & Cook Surveyors, Inc. , as revised to
comply with these conditions, and be approved and endorsed
by the Northampton Planning Board.
2 . The following- waivers have been granted: j
A. Installation of street lights throughout the entire
subdivision. Instead, one street light shall be
installed at the intersection of Sovereign Way and
Westhampton Road. Additionally, electrical conduits and
boxes shall be installed throughout the road right-of-
way, in order to allow installation of street lights in
the future.
B. The water main will be allowed to dead-end. However, it
must be installed through lot 15 to the most easterly
point of lot 4.
C. Lot 3 shall be allowed a 20% reduction in frontage.
3 . Prior to the endorsement of subdivision plans, the following
information must be submitted and/or receive final approval
by the Northampton Planning Department, the Department of
Public Works, and the Law Department:
A. Easement documents, suitable for recording at the
Hampshire County Registry of Deeds, for all proposed
easements shown on the Definitive Subdivision Plan,
including but not limited to: the temporary cul-de-sac;
water line and sewer easement through lots 4 and 15;
and drainage easements to the end of all pipes
discharging into the stormwater settling basins.
B. Master deeds and covenants;
C. The Homeowners Association documents;
D. Maintenance Plans for the Cul-de-sac; Lot 15; Lots 12
and 13; the wetland replication area; and the stone
settling basins.
E. Road extension easement documents.
F. Final list of construction quantities.
Doc: 950014160 OR /4119/0335 08/18/199514;36
10) . Has provided a grade, length and location for the access
driveway that is of suitable construction, in the opinion of
the Planning Board, for the access, and where applicable for
the turn-a-round for vehicles, including moving vans,
ambulances, fire and police.
Has a driveway that conforms to all applicable provisions of
the Zoning ordinance.
11) . Has had plans submitted to the Planning Board under this
Section- that shall be the same as the plans submitted to the
Planning Board under the Subdivision Control Law, and
include the statement:
S
"Lots 4, 5, 6, 8 and 10 are Flag Lots; building is
permitted only in accordance with the special Flag Lot
Provisions of the Northampton Zoning ordinance."
12) . Has had the following information submitted with the Special
Permit Application:
1. a plan showing:
(a) the location and layout of the proposed driveway
and houses;
(b) all provisions for drainage and storm water
runoff.
Doc; 950014760 OR /4719/0334 08/16/199514;36
Attachment A
Flag Lots - 56.13
Special Permit Review/Approval criteria i
In Granting the Special Permit, the Planning Board found that the
requested use meets all special regulations set forth in the
Zoning Ordinance, specifically Section 6. 13 Flag Lots, Special
Permit criteria.
In making these decisions, the Planning Board found that each
Flag Lot:
i
1) . Does have access frontage of at least fifty (50) feet;
2) . Does have an access width, from the front lot line to the i
principal structure, of at least fifty (50) feet;
3) . Does have an access roadway with no curve having a radius of
less than eighty (80) feet or, where access is from another
lot, there is an area on the flag lot for an access roadway
with no curve having a radius of less than eighty (80) feet;
4) . Has at least double the minimum lot area normally required
for the district;
5) . Demonstrates that all setbacks are able to be equal to at
least twice the setback normally required for the district;
6) . Demonstrates that the minimum open space percentage does not
exceed two-thirds (2/3) of that normally permitted in the
district;
7) . Demonstrates that the minimum open space percentage is not
less than eighty-five (85) percent;
8) . Demonstrates that the lots are laid out so that the
principal structures to be erected can be located on the
lots in such a manner that a circle with a minimum diameter
equal to one and one-half (1 1/2) times the amount of
minimum frontage requirement required for a non-flag lot in
that district, could be placed around the principal
structures without any portion of said circle falling
outside of the property's line;
9) . a. That there are not more than three (3) Flag Lots having
abutting contiguous street frontage.
Doc: 950014160 OR /4119/0333 08/18/199514;36
I
i
Planning Board Members present and voting were: Chairman
Andrew J. Crystal, Jody Blatt, Nancy Duseau, Mark NeJame, and
Daniel Yacuzzo.
In Granting the Special Permit for five flag lots, the Planning
Board found:
1. The requested use protects premises against seriously
detrimental uses and includes provisions for surface water
drainage as depicted on plans and information submitted with
the Special Permit application.
2 . The requested use promotes the convenience and safety of
vehicular and pedestrian movement within the site and on
adjacent streets, minimizes traffic impacts on the streets I
and roads in the area by providing residential lots in the
form of five flag lots.
3 . The requested use promotes a harmonious relationship of
structures and open spaces to the natural landscape,
existing buildings and other community assets in the area
through providing five flag lots for single-family
residences.
4 . The requested use will not overload any public water, and
will mitigate adverse impacts on, the City's resources, as
demonstrated by the plans and supporting information within
the application.
S . The requested use meets all special regulations set forth in
the Zoning ordinance, specifically Section 6. 13 Flag Lots
(see "Attachment A", for criteria) .
6 . The requested use bears a positive relationship to the
public convenience or welfare and will not unduly impair the
integrity or character of the district or adjoining zones
because five flag lots will allow for the construction of
single-family residences and will maintain the character of
the district.
7 . The requested use will promote City planning objectives to
the extent possible and will not adversely effect those
objectives, as defined in City master or study plans adopted
under M.G.L. Chapter 41, Section 81-C and D.
Doc; 950014760 OR /4119/0332 08/18/199514:36
City of Northampton, Massachusetts
Office of Planning and Development
City Hall 210 Main Street
• t
Northampton, MA 01060 - (413) 586-6950 24
FAX (413) 586-3726
• Community and Economic Development
• Conservation •Historic Preservation `�`��
Planning Board • Zoning Board of Appeals
• Northampton Parking Commission
DECISION OF
NORTHAMPTON PLANNING BOARD
APPLICANT: SOVEREIGN BUILDERS (TODD CELLURA)
ADDRESS: 772 BAY ROAD, BELCHERTOWN, MA 01007
OWNER: . THOMAS & LILLIAN MIRANDA
ADDRESS: 20 GROVE AVENUE, LEEDS, MA 01053
RE LAND OR BUILDINGS IN NORTHAMPTON AT: WESTHAMPTON ROAD
MAP AND PARCEL NUMBERS: MAP # 36 PARCEL # 241, 242, 243, 244
.r
At a meeting conducted on April 27 , 1995, the Northampton
Planning Board unanimously voted 5: 0 to grant the request of
SOVEREIGN BUILDERS (Todd Cellura) for a SPECIAL PERMIT with SITE
T PLAN APPROVAL under the provisions of §6. 13, page 6-18 in the
[- Northampton Zoning Ordinance to create five flag lots to be known
as Lots 4, 5, 6, 8 and 10 off of Westhampton Road, Map #36,
Parcels #241, 242, 243 and 244
and to grant the request for Definitive Subdivision approval in
accordance with M.G.L. Chapter 41 from SOVEREIGN BUILDERS for
Sovereign Meadows Subdivision as depicted on plans and
information listed below and as amended by the Special Conditions
of this approval.
Site Plan for Definitive Subdivision plan of Sovereign
Meadows, Northampton, MA
sheet index:
sheets 1 & 2 Survey Plan,
sheet 3 Road Extension Plan,
sheet 4 Plan and Profile
sheet 5 Sections
sheet 6 Details
sheet 7 Site Plan
Prepared by P.B. Hatch and dated January 1995 with revisions
dated 2/28/95 and 3/29/95.
ORIGINAL PRINTED ON RECYCLED PAPER