36-278 (7) Issued By Northampton Conservation Commission
Signatures:
r
is Order must be signed by a majority of the Conservation Commission.
On this 15 f4% day of Ay'p-i-L-. 1994 before me
personally,appeared VQAo. r_ to me known to be the
person described in and who executed the foregoing instrument and acknowledged
that he/she executed the same as his/her free act and deed.
�1/�' � ��s� WAYNt[61.lrliIDC17
NOTARY PUBLIC
Notary Public, My coM*idz%i"=sMapdWg%s JAN. t*.t
The applicant, the owner, any person aggrieved by this order, any owner of land
abutting-.the. l'and ,upon which the proposed work is to be done, or any ten
,r6s dentsjof the;City:or town in which ouch land is located, are hereby notified
of?4tti4fk,,r"r ght_'to:request the Department of Environmental Protection to issue a
Superseding :Order, providing the request is made by .certified mail or hand
= del'ivery to the Department, with the appropriate filing fee and Fee Transmittal
- - Form as provided in 310 C2gt 10.03(7), within ten days from the date of issuance
of. this: determination. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and the applicant.
Detach-,on dotted line and submit to the Northampton Conservation Commission prior
to°cowatencement of:work. PLEASE NOTE--THIS IS NOT REQUIRED IF THE COMMISSION HAS
y ALREADY.RECORDED THE ORDER, AS IS THEIR USUAL PRACTICE, UNLESS LAND IS REGISTERED
IN LAND COURT.
. . . . . . . . . . . . . . . . . ... . ........ .. . . . ... . .. . . . . . . . ... . . . . . . . . . . . . . . . . .. . .. . . . . . . .
To Northampton Conservation Commission: Please be advised that the Order of
Conditions for the project at Lot 03N, Ioods Road File Number 246 has been
recorded at the Regi"stry of Hampshire County and has been noted in the chain of
title of the affected property in accordance with General Condition 8 on
19
If recorded land, the rnstrument number which identifies this transaction is
If reg stered !t1V_e_V,,t\nd, the document number which identifies this transaction is
Signature _ . ��,` t� a"� �,1 C71 �rf"��t Applicant
page 5-6 (memorex\wp\cons com\order.cc)
20) The Applicant shall notify the Commission, in writing, as to the date that
work will be commencing on the project. Said 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;
21) 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 any 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";
22) 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, or project
eng leer r_-'sha'11 -have a copy of this permit at the site, be familiar with
th •'conditions of this permit, and adhere to such conditions. A copy of
the plans and Order must always be on-site and in all excavating machinery
when work is being performed;
23) All required permits must be obtained from the Planning Board, Zoning
Board, Department of Public Works, & Building Inspector prior to the start
of this project and all permits must be complied with. Army 404 permits
and Water Quality Certifications must be obtained prior to the start of
projects involving fill within wetlands;
24) Upon completion of the project, the Applicant shall submit a statement
that all work has been done in conformance with the provisions of the
approved Order of Conditions and request a Certificate of Compliance. (if
checked) Statement shall be by a Professional Engineer or by a Wetlands
Consultant who has been approved by the Commission:
[ ] YES [)C] NO
25) (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
26) A 3' galvanized chain-link fence shall be installed at the bottom of the
slope-starting at the boundary line, south to the southern most pin, and
extending -southerly to the point, as shown on the submitted plan, where
there is an arrow measuring a 25+- width.
27) The applicant shall apply for and receive a Variance to move the house 5'
closer to the street.
page 5-1 (memorex\wp\cons com\order.cc)
more than three square feet in size bearing the works, "Massachusetts
Department of Environmental Protection, File number 246-
10. Where the Department of Environmental Protection is requested to make a
determination and to issue a Superseding Order, the Conservation
Commission shall be a party to all agency proceedings and hearings before
the Department.
11. Upon completion of the work described herein, the applicant shall
forthwith request in writing that a Certificate of Compliance be issued
stating that the work has been satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
PLANS TITLE DATED SIGNED i STAKED BY:
Sheet 1 o4 2 Site P.tan - Lot 23A Southv.Lew Ac/Lu - D(aa. # URM'P-116-213
Sheet 2 o, 2 - EAo.s.i.on and Sedimentation Contrco.- Det .LU 4on. DAVCO Co. - Dcal. #NH!4?'-116-2
E _ dated MaAah 10, 1991
A11 Plans on File with Northampton Conservation Commission
Special Conditions:
13) All construction areas shall be restored to original condition or better
upon completion of the project, including vegetation;
14) No area within the 100 year floodplain, any wetland, or area within 100
feet of a wetland or 40 feet of a 100 year floodplain, as defined in 310
'C HR 10, and Chapter 24, shall be permissible disposal sites, unless such
areas are specifically approved by the Commission;
15) Excavated material and topsoil stockpiles shall be located and stabilized
,so as to minimize washing into wetland areas or waterways;
16) Adequate measures shall be taken to prevent erosion and siltation of all
disturbed areas, and shall be implemented prior to any construction.
Sedimentation and erosion control devices shall be placed according to
standards set in 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 erosion and ensure than no eroded
materials will reach wetland resource areas. Hay bales must be staked.
Silt fencing: must be placed in•a:dug trench with. suf f icient.porosity to
allow detained water to pass while trapping suspended sediments;
17) The areas of construction shall remain in a stable condition at the close
of each construction day. Erosion controls shall be inspected at this
time, and maintained or reinforced to meet specifications in the plans and
this order;
18) 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 inspect the premises to evaluate compliance with the Conditions
and to require the submittal of any data deemed necessary for that
evaluation;
page 5-3 (memorex\wp\cons com\oeder.cc)
Therefore, the Northampton Conservation Commission hereby finds that the
following conditions are necessary, in accordance with the Performance Standards
set forth in _the..regulations, to protect those interests checked above. The
conseiwation Comaiss ion-orders that all work shall be performed .in,accordance
with.tsaid .eond t iron"s' and with the Notice of Intent referenced above. To the
extent that the. following conditions modify or differ from the plans,
's'" cifidier6n or other
pe proposals submitted with the Notice of Intent, the
conditions. shall control.
General Conditions
1. Failure to comply with all conditions stated herein, and with all related
statutes:and:other regulatory,measures, shall be deemed cause to revoke or
modify this Order..
2. The Order.does not graAt.any,`V'roperty rights or any exclusive privileges;
it does not:,°authorize an `iii u to private y j ry p property or invasion of
private"rights.
3. This Order does3 not relieve the permittee or any other person of the
- r- nece13s y ofd complying with all other applicable federal, state-or,local
' statut'e's; 'ordinances; by-laws or regulations.
-- 4.—_— The work'authorized-hereunder .shall be completed within. three-yeais f'r'om
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 pr
(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" fd 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»nog trash, refuse, rubbish or debris, including but not limited
to lumber,.•bricks, plaster, wire, lath, paper, cardboard, pipe, tires, .
--ashes,.-4refk-giiktors"'' motor vehicles or parts of any of the- foregoing.
Theapplcant is prohibited from using demolition materials, asphalt,
large- ie�chunks-a-of•-concrete,- tree stumps and limbs, and general refuse;
?. no`'workjshiil: be undertaken until all administrative appeal periods from
this"'Order>havel:elapsed„or, if such an appeal has been _filed, until all
-�....-.i ,
'proc”edti'ngsbefor'e' the'Department have been completed:
8. No work`mbh&D be undertaken until"the Final order has-
been recorded in.the
A
Regi zy of)beeds F',Ehe Land Court for the district` in which the land.,is
`111oc'a`t'ed !w thin' t&e chain 'of title of the affected property.._In the.1dise
WV the"Final-Order'shall' also be noted.-.in-thee Registry's
Grantor ;Index under the name of the owner of the lurid upon Qhich the
proposed.�work is to be done. In the case of registered, land,,the Final
Oraer�&a'll also be noted 'on the Land Court Certificate of Title of the
owriW of the land upon which the proposed work is to be, done. The
recor""ding information shall'be proposed work is to be done. The recording
information iliill-be submitted to the Commission on the form at the end of
this,Order_ prior to commencement of the work. The Commission usually will
record the', Order in the Registry of Deeds. It is the applicant's
responsibility..to insure the Order is properly recorded.
9. A sign shall be displayed at the site not less than two square feet or
page 5-2 (memorex\wp\conscom\order.cc)
310CMR 10799 DEP File No. 246-31/,?
(To be provided by DEP)
Farm 5 City/Town Northampton
Applicant DAVCO Comnan,f
Cozmonaesath
;of�Xassa�cliaaetta' • ' .
order of conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, 540
and t i orthampton Wetlands Protection Ordinance
From Northampton Conservation Commission Issuing Authority To
i Ecx d �av�d an-1 VAVCO
Same
(Name—t? App cant) (Name o property owner)
Address --21-11 RadbuAn Road, Fa.vc,2aum Address Woods Road, Lot 23A
This Order i"Vissu`e;E and delivered as follows:
.,..,,, ' ter: eF& .. . . .
_[ ] . by- hand delivery to applicant or representative on (date)
b" ertifie&'miiil, return receipt requested on fO / / (date)
This project is-located in Northampton at Woodts Road, Lot 23A
The at' the Registry of Hampshire County
Book 36l9q ;. Page 92
Certiff a'tf *{if..registered)
the'Not ce,of. Intent .for this project was filed on 3/10/91 (date)
The—pub_ lic hearing'was' closed on 3/29 / (date)
Findings
The°North toiiie686er4ation Commission as reviewed the above-referenced Notice
of Intent,�and x� laps'Xand'has held a public hearing on the project. Based on the
informat on�avai able to,the,Conservation Commission at this time, the4Cocmaission
has'"de ermiz that,�,the :area";on`which the proposed work- is to--be. done is
signifi"ciEVto_--thd-;- dlTowing interests in accordance with the 'Presumptions of
Significance set .forth .in the regulations for each Area Subject to Protection
Under`,the'Act-`(check' as" appropriate):
'
[ 'J Pubh ic`j Vater° "s u`x pply (X] Flood Control O.Land.containin
g
shellfish
[ ] Private water 'supply [X] Storm damage prevention [ ] Fisheries
[ ] Ground water supply [X] Prevention of pollution [ J Protection of
Wildlife Habitat
Total Filing`Fee Submitted $285.00 State Share $112.50
(1/2 fee in excess of $25)
City Share $172.50
Total Refund Due $ City Portion $ State Portion $
(1/2 total) (1/2 total)
page 5-1 (memo rex\wp\cons com\order.cc)
PREPARED : 06/02/94 CITY OF NORTHAMPTON PAGE : 2
OFFICIAL A?LTTFR ' S LIST
SUE3JECT LOCATION : 51 4GGDS RD
-------------------------
NORTHAMPTON CITY OF 1 ^ CLEAR SPRING CT 36 -149-001
ATTN : CITY PROPERTY C�''hI T TEE
MAIL TO : CITY HALL
210 MAIN STREET
NORTHAMPTON MA 01060
MCCARTHY JONATHAN 6 VAUREEN 907 3URTS PIT RD 36 -282-001
907 3URT6 PIT RD
NORTHAMPTON MA 01060
DAVCO 76 WOODS RD 29 -588-001
21-11 RADBURN RD
FAIR LAWN NJ 07410
DAVCO 65 WOODS RD 29 -587-001
21-11 RADSURN RD
FAIR LAWN NJ 07410
DAVCO 96 WOODS RD 29 -589-001
MAIL: JAMES F & PATRICIA A BOYLE
4 TIFFANY LANE
NORTHAMPTON MA 01060
LAPLANTE ROYAL W & KAREN M 335 BROOKSIDE CIR FL 29 -277-001
335 BROOKSIDE CIR
FLORENCE MA 01060
-------- ------------------------------------------
A
ASSESSOR ' S CERTIFICATION
DATE -- --�- --1- --------
4,YZ-1
PREPARED : 06/02/94 CITY OF NORTHAMPTON PAGE : 1
OFFICIAL ABUTTER ' S LIST
SUBJECT LOCATION : 1 WCCDS RD
---------------------------------------------------------------------------
DAVCO 71 MOODS RD 36 -277-COJ
t1 -11 RADBURN Rv
FAIR LAWN NJ 07410
DAVCO CO, 29 :FOODS RD 36 -279-001
50 FAIRVIEW AVENUE
NORTHAMPTON MA 01060
DAVCO CO 15 WOODS RD 36 -260-001
MAIL: JAMES F 5 PATRICIA A BCYLw
266 WEST FARMS ROAD
NORTHAMPTON MA 01060
DAVCO CO 387 3URTS PIT RD 36 -281 -001
50 FAIRVIEW AVENUE
NORTHAMPTON MA 01060
MAZUR EDWARD J & JOAN A 841 BURTS PIT RD 36 -105-001
841 BURTS PIT RD
NORTHAMPTON MA 01060
3ASILE NATALIE D 327 SROOKSIDE CIR FL 36 -134-001
327 BROOKSIDE CIR
FLORENCE MA 01060
ELKAS KENNETH A & LORETTA A 319 BROOKSIDE CIR FL 36 -133-001
319 6ROCK31DE CIR
FLORENCE NA C1060
iIENKIEWICZ PATRICIA M 311 BROOKSIDE CIR FL 36 -132-001
:/0 PATRICIA G .IS & HAROLD GEIS
1AIL : PARK WEST BANK AND TRUST
PARK AVE
ZEST SPRINGFIELD MA C1U69
IAVCC 72 WOODS RD 36 -152-001
1 -11 RADBURN ROAD
'AIk LAWN NJ 07410
iAVCG 18 WOODS RD 36 -153-001
:1 -11 RADBURN RD
AIR LAWN NJ 07410
U'RA'WSKI DARLENE J U `4X 3C3 3ROCKSIDE CIR FL 36 -131 -001
�C3 ERCOKSIDE CIR
'LORENCE NA C106J
OHNSON OSCAR X95 3ROCKSIDE CIR FL 36 -130-001
295 6RCCKSIDE CIR
LORENCE MA 01x60
BOARD OF ASSESSORS �1 3mrT
o� o MAY 5 1994 ,
ASSESSORS y
Richard M. Sikor
Joan C. Sara'n, M.A.A., Chairwoman 3
one:
ki,
s M.A.A., Sec:eta
Edwin M. Padeck -• �
WALLACE J. PUCHALSKI MUNICIPAL BUILDING
212 Main Street
Northampton, MA 01060
TO : BOARD OF ASSESSORS
FROM: Edward Davidson / DAVCO Company
( Individual or Company Name)
PHONE (201 ) 796-4215
DATE : May 27, 1994
I/WE REQUEST FROM THE BOARD OF ASSESSORS , AN ABUTTER'S
LIST FOR THE PROPERTY LOCATED AT #51 Woods Road, Lot 23A
THE MAP AND LOT NUMBERS OF THE ABOVE PROPERTY ARE Map 36, Lot 278.
THE NAME OF THE BOARD REQUESTING THIS LIST AND THE EXTENT OF THE
LIST REQUIRED is PLANNING BOARD/ZONING BOARD--all abuutters and abutters to the
abutters within 300'
I UNDERSTAND THAT THIS REQUEST HAS UP TO SEVEN ( 7) WORKING,
DAYS IN WHICH TO BE COMPLETED.
Q
(Signature of Ap licant )
DATE LIST WAS COMPLETED `F C)
/3/91
♦ Land Surveying
IVKA ♦ Civil Engineering
♦ Septic Design
CONSULTANTS, INC. ♦ Site Planning
243 King Street,#40 ♦ P.O. Box 60189 ♦ Florence, MA 01060-0189
Tel. (413)586-7794 ♦ Fax(413)586-8238
WOODS ROAD
137-06' L
i I / OWE N
I /
DRAINAGE /
EASEMENT /
I / 22t
I / Sm
I / R-26
i
/ R-25 -
R-7D HC�ZT•.,
WETLAND R-zip w
RESOURCE R-22
LINE LOT 36
LOT 24
AREA-40"734 Sr.
MORE OR LESS
R-M
ZONING = SR DISTRICT
SCALE FOR REFERENCE, SEE
50 ASSESSOR'S MAP 36,
PARCEL 278_
Irriyw Y
' 00 5 6 G Date Filed
File No.
ZONING PERMIT APPLICATION (510 . 2)
1. Name of Applicant: DAVCO Company (Howard Kobin agent for DAVCO)
Address: 50 Fairview Avenue, Northampton Telephone: 584-8662
2 . Owner of Property:_DAVCO Company
Address :-21-11 Radburn Road, Fairlawn, NJ 07410 Telephone: 201-796-4215
3 . Status of Applicant: Owner Contract Purchaser
Lessee X Other (explain Accent )
4 . Parcel Identification: Zoning Map Sheet# Parcel# )-10 ,
Zoning District(s) (inplude o rlay )
Street Address - a3 f} Q, �t / ,
Required
5. Existing Proposed —by Zoning
Use of Structure/Property Vacant lot ISinqle family residential
(if project is only interior work, skip to #6)
Building height N/A less than 35' 35'
%Bldg. Coverage (Footprint) N/A 2,6 20%
Setbacks - front N/A *25' 30'
- side L: N/A R: N A L: 22'± R: 1461± 20'
- rear N/A 1311+ 40'
Lot size ��q �51 44, , 49,754 S.F. 30,000 S.F.
Frontage 324.14' 324.14' 125'
Floor Area Ratio N/A N/A None
tOpen Space (Lot area minus
building and parking) 10 95% 70%
Parking Spaces N/A N/A N/A
Loading N/A N/A N/A
Signs A WA N/A
Fill (volume & location)
6 . Narrative Description of Proposed Work/Project : (Use additional sheets
if necessary) Construction of a single family dwelling, associated
grading and utility work.
7 . Attached Plans: X Sketch Plan Site Plan
8 . Certification: I hereby certify that the information contained herein
is true and accurate to the best of my knowled e.
Date : May 17 , 1 94 Applicantrs Signature :
THIS SECTION FOR OFFICIAL USE ONLY:
—/pproved as presented/based on information presented
Denied as presented--Reason :
special' Permit and/or Site Plan Required : :2..
i>! ' ng Re ' red: Variance Required:
4:3,Tg na tu of Building for to
40TE: Issuance of a zoning permit does not relieve an applicant's burden to comply with all zoning requirements and obtain all required permits
turn the Board of Health, Conservation commission, Department of Public Works and other applicable permit granting authoritlos.
Item 7 : Variance Application
Northampton Conservation Commission has required application for
variance to move house 5 ' closer to street due to proximity to
Wetland Resource area to the rear of the proposed house . Original
submittal conformed with Zoning regulations . Attached is a copy
of the Order of Conditions ( see condition X627) . With these facts
in mind :
1 . The soil conditions , topography , and location of the
Wetland Resource Area require as great a distance as is
feasibly possible between the house and the Resource Area
to provide adequate protection to the Wetland Resource
Area .
2 . If the By-law was enforced , there would be a financial
hardship to the applicant in the fact that the
Conservation Commission would require other extraordinary
measures to make the lot buildable .
3 . Decreasing the setback from 30 ' to 25 ' would not
significantly impact the neighborhood in that there is no
house directly across the street or nearly adjacent to the
proposed house . In addition , the footprint of the
proposed house closely resembles others in the area .
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• CITY OF NORTHAMPTON Q n d
VARIANCE APPLICATION 4 1
1. Applicant's Name: Edward Davidson / DAVCO Comp n dF8UIL 114SPECTION$
U&aim
Address: 21-11 Radburn Road Telephone; -
Fairlawn, NJ 07410
2. Property Owner's Name: Edward Davidson / DAVCO Company
Address: 21-11 Radburn Road Telephone: (201 ) 796-4215
Fairlawn, NJ 07410
3. Status of Applicant: x Owner Contract Purchaser Lessee Other
(explain:
4. Parcel Identification: Zoning Map# 36 Parcel# 278 Zoning District(s) SR
Street Address Lot 23A, #51 Woods Road
5. Variance is requested under Zoning Ordinance Section 6 . 2 , Page 6 - 4
6. Narrative Description of Proposed Work/Proiect: (use additional sheets if necessary)
Construction of a single family dwelling, associated grading, and utility
work. The following work will take place: staking and installation of
haybales and silt fences; clear, stump, and strip topsoil of building pad
area, driveway location, and utility locations; stake foundation offsets;
excavate foundation and utility trenches; construction of house and
utilities; grade and pave driveway; grade and seed lawn areas.
7. State How Work/Proposal Complies with Variance Criteria: (See Applicant's Guide
and use additional sheets if necessary)
* SEE ATTACHED SHEET
8. Attached Plans: x Sketch Plan Site Plan None Required
9. Certified Abutters List from Assessors' Office must be attached.
10. Certification: I hereby certify that I have read the VARIANCE CRITERIA, and that the
information contained herein is true and a rate to th best of my knowledge.
Date: June 10, 1994 Applicant's Signature
OFFICE USE ONLY:
Date Filed: File #:
(zba/variance.zba 8/24/92)