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31C-017 (7) EXHIBIT E i Doc, 997136854 OR X915/0326 _ 1 0/M 15. ool rl N p • as � '�ro o. ! � �: • �,• . • irnnsnte +u+.an iru+r�n•++e+nwwwt LL:i[ ttua17.t107. '.I 'AAN • � f&Mw M=STD ONE EXHIBIT E SKETCH PLAN OF WATER AND SEWER LINES i i i I EXHIBIT D ;! SM OR lwuf 3A_ 12AQJ- 42 D1t OF o w oc 0` ` { eo ft A J , / Nei Em OR Am= 11i1Q1100Y 15:16 EXHIBIT D SKETCH PLAN OF HASKELL BUILDING PARCEL EASEMENT AREA I _T- Yk: 99Mm OR /6925/0371 12110120021535 3 l EXHIBIT C J CW v n i r oe V e`�'J• �i' aoN is e ' er '—JZJ '� V �lhL w . . . a.. � 1.0 Q �• ar HASKELL BUILDING PARCEL ♦ EASEMENT AREA - /♦♦♦♦�` .. tv N EXHIBIT C SKETCH PLAN OF HHD SEWER EASEMENT AREA AND LOCATION OF TUNNEL i t 1 4o. f3 � k-.99ZW OR__/0/0320 __12110/20021 ;35 EXHIBIT B N HHD EASEMENT AR fir, 0d `��♦ ` low/ 4 WQ a. Cm Pot U ` 11 1` ' Doc: S M54 OR._WW _._12AWM 15:35 EXHIBIT B SKETCH PLAN OF HHD ROAD EASEMENT AREA 1 _. v.��Y/WJI •WL.//W1Y �y+.1��eJlJ , EXHIBIT A-2 PROPERTY DESCRIPTION OF HASKELL BUILDING PARCEL That certain parcel of land containing approximately 5.324 acres of land and shown as the"Haskell Building Parcel'on that certain plan entitled"Boundary Survey of Land of the Commonwealth of Massachusetts formerly the Northampton State Hospital, Northampton,Massachusetts"dated December 17, 1996,last revised December 18,•1997,prepared by Roberge Associates Land Surveying and recorded with the Hampshire County Registry of Deeds in Plan Book 183,Pages 1 through 6. i i •14- Doc. EXHIBIT A-1 PROPERTY DESCRIPTION OF HHD PROPERTY Parcels A,B, E and H shown on that certain plan entitled"Boundary Survey of Land of the Commonwealth of Massachusetts formerly the Northampton State Hospital, Northampton,Massachusetts"dated December 17, 1996,last revised December 18, 1997,prepared by Roberge Associates Land Surveying and recorded with the Hampshire County Registry of Deeds in Plan Book 183,Pages 1 through 6, (the"Plan") containing approximately 126 acres more or less,according to the Plan. Doc.9on 0R.-/2§10316 - 12110129Q2 1535 THE COMMONWEALTH OF MASSACHUSETTS Suffolk,ss. November Z 002 Then personally appeared the above-named David B. Perini,Commissioner of the Division of Capital Asset Management and Maintenance as aforesaid,and acknowledged.the foregoing instrument to be his free act and deed as Commissioner and the free act and deed of the Commonwealth of Massachusetts,before me. ELIZABETH PINTO Notary Public &�Wh� MY CommiWon Expires Notary P lic Mar,!,12,2005 My Co ission Expires: COMMONWEALTH OF MASSACHUSETTS Suffolk,ss. Z1— 2002 ,Thkn personally appeared the above-named IhAllaa V[,u —�C of The Community Builders,Inc.,a Massa usetts charitable corporation,sole member of Hospital Hill Development,LLC,and acknowledged the foregoing instrument to be his/her free act and deed and the free act and deed of said corporation,before me, No ry Public My commission expires: PAULA C.PILVALI&Notary Public My Commission E*m.OcUgw 90.2003 -12- -�' �_J_�15I0315 2h-0/211021535 Executed as a sealed instrument as of the day and year first above written. COMMONWEALTH OF MASSACHUSETTS, Acting by and through its Division of Capital Asset Management and Maintenance 6DNameVehl��4&1,,.p. Title: ( 0`w on HOSPITAL HILL DEVELOPMENT, LLC BY: THE COMMUNITY BUILDERS,INC,a Massa se nprofit corporation, its sole By Nam . Title: -11- k vw I /a5/0314 1?/]Q/20021S135 With a copy to: Division of Capital Asset Management and Maintenance One Ashburton Place Boston,Massachusetts 02108 Attn:General Counsel Or(c),if to DMH: Western Massachusetts Area Massachusetts Department of Mental Health One Prince Street Northampton,Massachusetts 01601 Attn: Or at such other address as the party to be noted may have designated hereafter by notice in writing to the other party. Notices given pursuant to(1)above shall be deemed given when received. Notices given pursuant to (2)above shall be deemed given five (5) days after being deposited in the U.S. Mail, postage prepaid, return receipt requested. 14. Conflict with Controlling Ordinance or Regulation. In the event any portion of these covenants,conditions and restrictions conflicts with mandatory provisions of any ordinance or regulation promulgated by any municipality or any agency or instrumentality of federal,state or local government having jurisdiction over the Property,the Haskell Building Parcel,or the Additional Parcels,or any part thereof,then such mandatory governmental requirement shall control as to the portion(s)of the Property,the Haskell Building Parcel,or the Additional Parcels,as applicable,affected thereby. 15. Responsibility. Each owner of the Properties shall be personally or corporately liable for the performance of its obligations hereunder only during the period of its j ownership thereof,and after transfer of legal title to its Property shall not be liable for breaches hereof thereafter occurring. 14. Entire Aareement:Governing Law. THIS WRITING CONSTITUTES THE ENTIRE DECLARATION OF EASEMENTS,AND CANNOT BE MODIFIED,WAIVED OR TERMINATED EXCEPT BY WRITING SIGNED BY THE PARTY TO BE CHARGED,AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS WITHOUT REGARD TO ITS CONFLICTS OF LAW PROVISIONS. 15. Amendment:Termination. This Declaration of Easement shall not be terminated, released or amended unless by written agreement between the then-fee owners and all mortgagees of the fee estates of record of the HHD Property,the HHD Road Easement Area,the Haskell Building Parcel,the Haskell Building Parcel •10- Dx=9 3 4_OR /6925/0313_---11�1U/M 15,35 of the terms,covenants,conditions or restrictions set forth in this Agreement,or to exercise any right herein granted or to serve any notice or institute any action shall not be construed as a waiver or relinquishment for the future,and any such term,covenant, condition or restriction shall be and remain in full force and effect together with such restrictions contained herein. The failure of the respective beneficiary or its successors or assigns to insist in any one or more instances upon the strict performance of any of the terms,covenants,conditions or restrictions set forth in this declaration,or to exercise any right herein granted or to serve any notice or institute any action shall not be construed as a waiver or relinquishment for the future,and any such term,covenant, condition or restriction shall be and remain in full force and effect together with such restrictions contained herein. Violation of or failure to comply with these covenants, conditions and restrictions shall not affect the priority or validity of any bona fide mortgage lien or other similar security instrument which may be then existing on any of the Properties or any portion thereof. 12. Severability.The provisions contained herein shall be deemed to be and are independent and separable,and the invalidity or partial invalidity of any one or more of these covenants,conditions and restrictions,or any portion(s)thereof,as evidenced by a judgment,court order or otherwise shall not affect any of the other provisions or covenants,conditions or restrictions or portion(s)thereof contained herein,which shall continue to remain in full force and effect and unaffected thereby. 13. Notices. Any notice,request,or other communication under this Agreement shall be in writing and shall be given by any party hereto or its attorneys(1)by delivery in hand or by express courier service,or(2)by registered or certified mail,return receipt requested,to: (a)if to HHD, Hospital Hill Development,LLC 75 Federal Street Boston,Massachusetts 02110 Attn:Mr.David Webster With a copy to: Massachusetts Development Finance Agency 75 Federal Street Boston,Massachusetts 02110 Attn:Anne Marie Dowd,Esq.,General Counsel (b),if to the Commonwealth, Division of Capital Asset Management and Maintenance One Ashburton Place Boston,Massachusetts 02108 Attn:Commissioner � a i 90C; 9911iB854�t .1 51031?_ ._JMM 1535 and obligations on,upon,within or concerning the HHD Property, including but not limited to the fee interest in the HHD Road Easement Area and HHD's rights to benefit from and enforce the Haskell Building Parcel Easement Area,to a Landowners' Association comprised of HHD's successors and assigns as owners of portions of the HHD Property,as set forth in the Land Disposition Agreement and the Master Plan(as defined therein)(the"Landowners'Association"). The Commonwealth hereby consents to such conveyance and assignment,and agrees to recognize such Landowners' Association as beneficiary and obligee under this Agreement,provided that said Landowners'Association shall be bound by the provisions of this Reciprocal Easement Agreement. 4 8. Matters of Record. The grants of the Easements set forth in this Reciprocal Easement Agreement are expressly made subject to all matters of record to the extent in force and effect and applicable to the Properties. 9. Intention to Record Confirmatory Easement Agreement. It is the intention and agreement of HHD and the Commonwealth,upon the completion of HHD's improvements upon and to the Haskell Building Parcel Easement Area and the HHD Property Easement Area,and upon the confirmation of the location of the Water and i Sewer Easements,to execute and record within a reasonable time thereafter,at HHD's sole cost and expense,a Confirmatory Easement Agreement and as-built plans showing the improvements actually constructed by HHD and the location of the Water and Sewer Easements. Such Confirmatory Easement Agreement shall not otherwise modify the obligations and privileges set forth in this Agreement,absent the express agreement of the Commonwealth and HHD to the contrary. Failure-of HHD and the Commonwealth to execute and record such Confirmatory Easement Agreement shall not affect the validity and enforceability of the rights and obligations contained in this i Agreement. 10. Enforcement. Enforcement of the covenants,conditions and restrictions contained herein may be by proceedings at law or in equity initiated by the respective jj record owner or mortgagee(s),or any authorized officer,representative or agent of the respective record owner or mortgagee(s)of the respective Property benefitted by such easements against any person and/or entity owning any title or interest in and to the Property burdened by such easements,either to restrain any violation or attempted violation or to recover damages for such violation or attempted violation,or both,or to obtain such other relief for such violations as then may be legally or equitably available, which right of enforcement is agreed to include,but not be limited to,the remedy of injunctive relief in the event of any breach of such easement as set forth herein,all subject to the provisions of applicable law. The respective record owners or mortgagee(s)shall have an election and right,but not an obligation or duty,to so enforce these covenants,conditions and restrictions by any such proceedings. 11. Non Waiver.No waiver of any provision hereof shall be deemed to have been made unless expressed in writing and duly executed and acknowledged by the respective beneficiary,its successors or assigns.The failure of the respective owners or mortgagee(s)to insist in any one or more instances upon the strict performance of any a- Doc: 9 738834 OR A93/M_ W10(200115 35 7. Run with Land. The rights and obligations set forth in this Reciprocal Easement Agreement shall(i)run with and bind the respective Properties,as applicable,(ii)inure to the benefit of and.be enforceable(specifically including,but not limited to,the remedy of injunctive relief in the event of breach of any such restrictions,to the extent such relief is permitted by applicable law)by the record owner or mortgagee(s)from time to time of the dominant estate,and(iii)be binding upon and enforceable against all subsequent owners of the Properties or any portion thereof whether by purchase, descent,devise,gift,trade or otherwise,and each and all individuals and entities by the acceptance of title to any portion of the Properties,shall and do thereby agree and covenant to abide by and perform and observe the covenants,conditions and restrictions herein set forth on their part to be performed. Notwithstanding any provisions hereof to the contrary,said grant of Easements shall not inure to the benefit of any third party not expressly named herein specifically or by class,nor,except as expressly provided to the contrary herein,shall said grant of Easements constitute a dedication of the Properties or any part thereof. 6: Dedication as Public Way. Notwithstanding anything to the contrary contained herein,it is understood and agreed that HHD shall have the right,but not the obligation, without any additional consent or action by the Commonwealth,to declare and dedicate all or a portion of the HHD Road Easement Area and/or the Haskell Building Parcel Easement Area as a public or statutory private way.Such dedication shall serve as a release of HHD's obligations to the Commonwealth hereunder to maintain and repair such portion of the HHD Road Easement Area and/or the Haskell Building Parcel Easement Area as to which and to the extent such maintenance obligations are thereby transferred to the City of Northampton(the"City')by operation of law or by an independent agreement between HHD and the City. The Commonwealth undertakes and agrees to execute any consents and agreements required by the City or any of its departments,or by any other local,state,or federal governmental entity,for such dedication,provided,however,that the Commonwealth shall be under no obligation to execute consents,agreements,documents,certificates,petitions,or other instruments contemplated by this Section that would materially increase the liability of the Commonwealth under this Agreement or under applicable laws and regulations;and provided,further,that the Commonwealth shall not be required to incur any costs in connection therewith or to give any warranties or indemnities. 7, Future Development. The Commonwealth and HHD agree that the future development of the HHD Property is controlled by the Land Disposition Agreement and further controlling documents as set forth therein,as the same may be amended,and neither the development of the HHD Property pursuant to the terms of the Land Disposition Agreement nor the dedication of the Haskell Building Parcel Easement Area and/or the HHD Road Easement Area shall constitute an overburdening of the easements created hereby. 8. Landowner's Association. Notwithstanding anything contained herein to the contrary, it is understood and agreed that HHD may convey or assign fee title of,or its interest otherwise in and to,certain ways,infrastructure improvements,rights,privileges -7- R Ooc q!_/�Z5/0310_ 12h0h00'115135 12"Water Main,"respectively,on the sketch plan attached hereto as Exhibit E,together with all the Commonwealth's right,if any,to use,maintain,repair and replace the same and all other rights appurtenant thereto,and(b)all the Commonwealth's right,title and interest,if any,in and to that certain sewer line running from the HHD Property in a generally northerly direction across the Mill River, and to said line's connection to a municipal sewer line located on the northerly bank of the Mill River,as identified as "Hospital Sewer Line"on the sketch plan attached hereto as Exhibit E. It is understood and agreed in each instance that the locations shown on Exhibit E are approximate and schematic only,and any inaccuracy in the depiction of any such water and/or sewer lines thereon shall not affect the validity of the release of the Commonwealth's rights in such lines as they are presently located,as set forth herein. 4. Creation of Easements burdening the Additional Parcels for the benefit of the HHD Property. The Commonwealth GRANTS,imposes upon,and burdens the Additional Parcels for the benefit of the HHD Property with the following non-exclusive perpetual private easements on,over and across the Additional Parcels,such easements being appurtenant to and for the benefit of the HHD Property and the owner 1 thereof,and each of the mortgagees,heirs,successors,permittees and assigns of the owner of the HHD Property and all others acting under its authority: Perpetual,non-exclusive licenses,privileges and easements to maintain, operate,inspect,repair and replace the above-described"Hospital 6"Water Main","Hospital 12"Water Main,"and"Hospital Sewer Line"(collectively,the "Water and Sewer Easements"). The Water and Sewer Easements shall be located in an area extending ten(10)feet on either side of the now-existing location of the above-described"Hospital 6"Water Main", "Hospital 12"Water Main,"and"Hospital Sewer Line." 5. Easements Defined. The easements over the HHD Property set forth in Section 1 of this Agreement,the easements over the Haskell Building Parcel set forth in Section 2 of this Agreement,and the easements over the Additional Parcels set forth in Section i 4 of this Agreement are herein collectively referred to as the"Easements". 6. Maintenance of Easements. HHD and its successors and/or assigns shall,at its sole cost and expense,plow,maintain,repair,construct,reconstruct,pave,seal, repave,reseal,stripe,and re-stripe the street entrances,curb cuts,driveways, sidewalks,and walkways on both the HHD Road Easement Area and the Haskell Building Parcel Easement Area,excepting only the portion of the driveway located on the Haskell Building Parcel which connects the road within the HHD Road Easement Area with the parking area located in front of the Haskell Building,which shall be the responsibility of the Commonwealth,in a good and safe condition and in accordance with codes,laws and regulations applicable to the construction and maintenance of public ways in the Commonwealth,and the owner(s)of the Properties shall not erect or permit any obstruction of any of the Easements so as to interfere materially with any rights created hereunder. -Doc;_9922368Sq OR /0/0309 12110/200115,35 the City of Northampton in connection with the development of the HHD Property,provided that nothing contained herein shall limit or prevent HHD from duly obtaining waivers of any provision or provisions of such state and local regulations from the relevant granting authority and from constructing and maintaining the road located within the Haskell Building Parcel Easement Area in conformity with the provisions of such waiver so long as the road is paved and has a sidewalk on at least one side of the road,(2)HHD shall give not less than ninety(90)days'prior written notice to DMH and the Commonwealth before beginning any construction within the Haskell Building Parcel Easement Area,(3) HHD shall cooperate with DMH and'the Commonwealth to ensure that any construction or other work undertaken by HHD pursuant to this grant does not adversely affect the safety of any person using the Haskell Building,and(3)HHD shall work with DMH to provide temporary substitute parking for the Haskell Building Parcel using existing parking and roadways on the HHD Property during the period of construction of the road on the Haskell Building Parcel Easement Area,provided that HHD's provision of such temporary substitute parking shall not interfere with the development and reuse of the HHD Property,and provided that it shall not be HHD's responsibility to provide permanent parking to replace any parking spaces eliminated from the Haskell Building Parcel Easement Area as a result of HHD's exercise of this grant. C. Temporary Right and Easement to Access Tunnels on the Haskell Building Parcel. Non-exclusive licenses, privileges,and easements for HHD,for the benefit of the HHD Property,to enter subsurface tunnels located on the Haskell Building Parcel in the approximate location shown as"Tunnel"on Exhibit D,for the purposes,at HHD's sole cost and expense,of environmental remediation,including,without limitation,removal of asbestos-containing materials,and,after the provision of new sewer connections and a new easement for sewers as contemplated by paragraph 1(B)of this Reciprocal Easement Agreement, closure of said tunnels,provided that:(1)all such work j shall be conducted in accordance with all applicable laws,rules and regulations, and(2)HHD shall give not less than thirty(30)days'prior written notice to DMH prior to entering said tunnels or commencing any work therein. HHD hereby agrees to undertake such environmental remediation,removal of asbestos- containing materials and closure of said tunnels within five(5)years after the date of this Reciprocal Easement Agreement. This temporary easement shall expire,,on the earlier to occur of:(1)completion of the aforesaid work by HHD,or (2)the date which is ten(10)years after the date of recording of this Reciprocal Easement Agreement. 3. Release of Rights In Water and Sewer Lines serving the HHD Property. The Commonwealth releases,without any covenants and without any representations and warranties of any kind whatsoever, (a)all the Commonwealth's right,title and interest, if any,in and to those certain water lines running generally in a north-northwesterly direction from the HHD Property across portions of the Additional Parcels,across the Mill River,and to said tines'connection with a municipal water line located in a public way known as Federal Street,as identified as"Hospital 6"Water Main"and"Hospital IOM IR i ro a AO/2002 x;35 conduits and appurtenances for the transmission of sewage from the Haskell Building Parcel to public sewers of the City of Northampton(collectively,the "Haskell Building Sewers"),together with the right to enter upon the HHD Property for the purposes herein authorized,provided that the exercise of such right shall not unreasonably interfere with HHD's use of the HHD Property. HHD shall not connect any facility on the HHD Property to the Haskell Building Sewers. In the event that HHD constructs on the HHD Property any other sewers which have the capacity to handle sewage from the Haskell Building and HHD,at no cost or expense to the Commonwealth,connects the Haskell Building to such new sewers,HHD shall grant to the Commonwealth an easement for such new sewers. This sewer easement shall terminate upon the recording of such new easement,executed by HHD and the Commonwealth with the Hampshire Registry of Deeds. Subject to the foregoing,at no time shall HHD or any future owner from time to time of all or any part of the HHD Property be responsible for the payment of any fees,costs,or expenses in connection with sewage from the Haskell Building Parcel. Z. Creation of Easements burdenina the Haskell Building Parcel for the benefit of the HHD Property, The Commonwealth GRANTS,imposes upon,and burdens the Haskell Building Parcel for the benefit of the HHD Property with the following non-exclusive private easements on,over and across the Haskell Building Parcel,such easements being appurtenant to and for the benefit of the HHD Property and the owner thereof,and each of the mortgagees,heirs,successors,permittees and assigns of the owner of the HHD Property and all others acting under its authority,and the use thereof shall be in common with that of the Commonwealth,its mortgagees, heirs,successors,assigns and all others acting under its authority,all as subject to the limitations set forth below: A. Driveway.Ingress-Egress and Access Easements.Perpetual,non- exclusive licenses,privileges and easements for the free,continuous and uninterrupted ingress and egress of vehicular and pedestrian traffic over and across that portion of the Haskell Building Parcel identified by cross-hatching on the sketch plan attached as Exhibit"C"(the"Haskell Building Parcel Easement Area"),providing access over the Haskell Building Parcel Easement Area to and from the HHD Property to and from Prince Street,a public way of the City of Northampton,Massachusetts. B. Right and Easement to Improve and Repair Haskell Building Parcel Easement Area. Perpetual,non-exclusive licenses,privileges,and easements for HHD,for the benefit of the HHD Property,at its sole cost and expense,to construct a road within the Haskell Building Parcel Easement Area to provide a secondary means of ingress and egress to and from the HHD Property,and to enter onto the Haskell Building Parcel Easement Area at its sole cost and expense to maintain,repair,construct,reconstruct,pave,seal,repave,reseal, stripe,and re-stripe the ways,street entrances,curb cuts,driveways,sidewalks, and walkways therein,subject to the following conditions:(1)such road shall be constructed and maintained in accordance with state and local regulations concerning public ways in the Commonwealth,and with conditions imposed by :1 Doc, 992238854 OR !6925/0301 12110/200215135 A. Driveway,Ingress-Egress and Access Easements.Perpetual,non-exclusive licenses,privileges and easements for the free,continuous and uninterrupted ingress and egress of vehicular and pedestrian traffic over and across that portion of the HHD Property identified by cross-hatching on the sketch plan attached as Exhibit B(the"HHD Road Easement Area"),providing access over the HHD Road Easement Area to and from the Haskell Building Parcel to and from Prince Street,a public way of the City of Northampton,Massachusetts. HHD shall construct and maintain the road located within the HHD Road Easement Area in accordance with state and local regulations concerning public ways in the Commonwealth,and with conditions imposed by the City of Northampton in connection with the development of the HHD Property,provided that nothing contained herein shall limit or prevent HHD from duly obtaining waivers of any provision or provisions of such state and local regulations from the relevant granting authority and from constructing and maintaining the road located within the HHD Easement Area in conformity with the provisions of such waiver so long as the road is paved,can accommodate vehicular access to and from the Haskell Building Parcel,and has a sidewalk on at least one side of the road,and further provided that HHD shall not be responsible for reconstructing f the driveway connecting the parking.area in front of the building located on the . Haskell Building Parcel,as shown on Exhibit B,to the road constructed within the HHD Road Easement Area to the standard of a public way or otherwise to reconstruct or improve such driveway beyond its current quality and standard, excepting only that HHD,in constructing the road within the HHD Road Easement Area,shall ensure at its sole cost and expense that such driveway and such road shall connect and the intersection of such driveway and such road shall be of a grade and nature consistent with state and local regulations 1 regarding public ways. HHD shall give not less than thirty(30)days'prior written notice to DMH and the Commonwealth before beginning any construction within the HHD Road Easement Area. HHD shall cooperate with DMH and the Commonwealth to limit the extent to which any construction or other work undertaken by HHD within or affecting the HHD Road Easement Area adversely affects the safety of any person using the Haskell Building. For such period of time that any construction or other work undertaken by HHD within or affecting the HHD Road Easement Area will interfere with access and egress through the HHD Road Easement Area,HHD shall provide alternative access to the existing parking area in front of the building located on the Haskell Building Parcel and,if necessary,alternate safe pedestrian access from such parking area to the building located on the Haskell Building Parcel. It is understood and agreed that the current egress as shown on Exhibit B from the existing parking area in front of the building located on the Haskell Building Parcel may serve as such alternative access. B. Sewer Easements.Perpetual,non-exclusive licenses,privileges and easements over and across the HHD Property in the portion of the HHD Property shown as"Sewer Line"on the sketch plan attached as Exhibit D(the"HHD Sewer Easement Areal,for the installation,construction,operation, use, maintenance,repair and replacement of one or more underground pipes, Doc: 91138854 OR /M/09 11/10/200215,35 H. The Haskell Building OR is served by a sewer line lying in part upon, under or within the HHD Property;and I. Certain subsurface tunnels lie under the Haskell Building Parcel and the HHD Property,and the Commonwealth and HHD desire to remediate environmental conditions within and close such tunnels;and J. The Commonwealth has retained certain other property formerly part of the Northampton State Hospital Property,certain portions of which abut the HHD Property, including without limitation Parcels J1 and I, as shown on the Plan(the"Additional Parcels")(the HHD Property,the Haskell Building Parcel and the Additional Parcels being sometimes hereinafter collectively referred to as the"Properties");and K. The HHD Property is served by certain existing water and sewer lines, portions of which lie upon,under or within the Additional Parcels;and L. The Commonwealth and HHD desire,for the benefit of the present and future.owners of the HHD Property and the Haskell Building Parcel,to make provision 4 for improvement of and the continued use and enjoyment of such ways or driveways, the continued use and enjoyment of such sewer line serving the Haskell Building Parcel, the remediation and closure of such subsurface tunnels under the Haskell Building Parcel,and the continued use and enjoyment of such water and sewer lines serving the I HHD Property;and M. The Commonwealth and HHD are willing to grant mutual and reciprocal driveway,ingress-egress,and access easements,an easement to improve and repair, j and water and sewer easements,and the Commonwealth is willing to release certain additional rights in and to the sewer and water lines serving the HHD Property,on the terms set forth herein. i NOW,THEREFORE,in consideration of the premises and definitions set forth above,which are incorporated herein and made a part hereof by this reference,and the benefits to be derived by each owner of each of the Properties,the Commonwealth and HHD impose upon each other and upon the HHD Property and the Haskell Building Parcel and the Additional Parcels and for the benefit of the HHD Property and the Haskell Building Parcel,respectively,the easements set forth herein and declare and agree as follows: 1. Creation of Easements burdening the HHD Property for the benefit of the Haskell Building Parcel. HHD GRANTS,imposes upon,and burdens the HHD Property for the benefit of the Haskell Building Parcel with the following non-exclusive perpetual private easements on,over and across the HHD Property,such easements being appurtenant to and for the benefit of the Haskell Building Parcel and the owner thereof,and each of the mortgagees,heirs,successors,permittees and assigns of the owner of the Haskell Building Parcel and all others acting under its authority,and the use thereof shall be in common with that of HHD,its mortgagees,heirs,successors, assigns and all others acting under its authority,all as subject to the limitations set forth below: I z ND/2DD2 1535 RECIPROCAL EASEMENT AGREEMENT This Reciprocal Easement Agreement(this"Agreement")is executed as of the 25th day of November, 2002,by and between the COMMONWEALTH OF MASSACHUSETTS(the"Commonwealth")acting by and through its Division of Capital Asset Management and Maintenance,having an address at One Ashburton Place, Boston, Massachusetts 02108("DCAM"), and HOSPITAL HILL DEVELOPMENT,LLC, a Delaware limited liability company having its principal place of business located at 75 Federal Street, 10th Floor, Boston, Massachusetts 02110("HHD"). RECITALS A. Pursuant to Chapter 52 of the Acts of 1993 and Chapter 86 of the Acts of 1994 as amended by Chapter 307 of the Acts of 1994(collectively,the Enabling Legislation"),the Commissioner of DCAM was authorized to convey to a developer certain real property located in Northampton,Massachusetts,being a portion of the former Northampton State Hospital property,containing 126 acres,more or less(the "HHD Property"),consisting of Parcels A,B, E and H as shown on that certain plan entitled"Boundary Survey of Land of the Commonwealth of Massachusetts formerly the Northampton State Hospital,Northampton, Massachusetts"dated December 17, 1996, prepared by Roberge Associates Land Surveying and recorded with the Hampshire I Registry of Deeds in Plan Book 183, Pages 1 through 6(the"Plan"),and as further described in Exhibit A-1 hereto;and B. By Release Deed dated as of even date herewith,recorded with the Hampshire Registry of Deeds prior hereto(the"Deed',and pursuant to a Land Disposition Agreement dated as of September 5,2002,between the Commonwealth and The Community Builders, Inc.,a Massachusetts charitable corporation having an address of 322 Main Street,Springfield,Massachusetts recorded with the Hampshire Registry of Deeds prior hereto(the"Land Disposition Agreement"),the Commonwealth conveyed the HHD Property to HHD;and C. The Commonwealth is the owner of certain property located off Prince Street,also being a portion of the former Northampton State Hospital,containing 5.324 acres,more or less,and shown on the Plan as the"Haskell Building Parcel"(the "Haskell Building Parcel"),as further described on Exhibit A-2 hereto;and D. The Haskell Building Parcel is under the care and control of the Commonwealth's Department of Mental Health("DMH");and E. The Haskell Building Parcel is adjacent to and abuts a portion of the HHD Property;and F. The HHD Property is served by a way or driveway located on and running over and through the Haskell Building Parcel;and G. The Haskell Building Parcel is served by a way or driveway located on or running over and through the HHD Property;and Additional intersections such as Burts Pit Road at Florence Road may be added in the future, but will not be part of the initial program: Upon occupancy of the first commercial building, spot'speed`measurements along Grove Street and Laurel Street will be conducted. Employee/Tenant Survey. Administration of an employee/tenant survey annually to measure transit use, carpooling, carsharing, bicycle use, and participation in programs offered through the Route 9 TMA. This will include reporting of employer/tenant participation in programs offered by the Route 9 TMA. Trip-Generation Surveys. Collection of peak-hour TMCs and ATRs at community driveways during a typical weekday. Observed trip generation will be compared to levels calculated for actual building use, density, and employment using standard trip rates published by the ITE. Traffic Signal Warrants Analysis. As a part of the annual traffic monitoring program, a Traffic Signal Warrants Analysis (TSWA) will be completed at the following intersections: Route 10 / Earle Street, Route 66 / Earle Street, Route 66 / The Village at Hospital Hill driveways / Prince Street, Burts Pit Road / Florence Road. The results of the TSWA will be provided to the City of Northampton and MassHighway, and will be used as the basis of determining the timing and need for the implementation of traffic control improvements at these locations. Signalization HHD's commitments regarding signalization are the following: Route 10/Earle Street intersection. HHD will design and construct improvements to Earle Street between Route 10 and Route 66. If the City and State are unable to secure traditional sources of funding for signalization of a state highway through the TIP process, and an alternative funding source cannot be identified, HHD will fund and install the signal. Earle Street/Prince Street/ West Street intersection. H H D has agreed with MH D to cost- sharing for the redesign and construction of Rt. 66 improvements and placement of signal conduits. HHD will work carefully with the City to achieve funding for the signal. Traffic volumes and operating conditions at this intersection will be monitored on an annual basis as a part of the traffic monitoring program for the development. If the installation of a traffic signal is found to be warranted and funding has not been identified for construction, HHD will fund and install the signal. Prince Street/Main Gate intersection. HHD has agreed with MHD to cost-sharing for the redesign and construction of Rt. 66 improvements and placement of signal conduits. HHD will seek alternate funding sources for the installation of a traffic signal, -if and when 766011FE1RB-Section61.doc 3-11 Proposed Section 61 Findings Epsilon Associates, Inc. • To refine the timing and scope of improvements to be implemented at key intersections serving The Village at Hospital Hill. Specifically, the installation of traffic signals at the Route 10 / Earle Street, Earle / West / Prince Street, Route 66 / The Village at Hospital main driveways /Prince Street and Burts Pit Road /Florence Road intersections can not be completed until such time as traffic signal warrants are met. Results of the monitoring program shall be compiled and submitted to MassHighway District II, the Northampton DPW, the Pioneer Valley Planning Commission, and the Northampton Office of Planning and Development. The elements of the program are as follows: Traffic Counts. The count program will be administered under the direction of HHD. An initial counting program will be conducted in the fall of 2003, to update the 2001 NO-Build Conditions documented in the Draft EIR. Subsequent annual reporting will be conducted following occupancy of the first commercial building. One month prior to conducting the counts, HHD shall forward the proposed counting program, including locations for automatic traffic recorders and turning movement counts, for comment to MassHighway District 2, the Northampton DPW, the Pioneer Valley Planning Commission, and the Northampton Office of Planning and Development. Comments received shall be taken into consideration in implementing the counting program. Following the counts, the data shall be tabulated and compared to the AM and PM peak hour volumes for the 2001 Existing Condition, 2006 No-Build Condition, and 2006 Build Condition (DEIR Figs. 5-4, 5-5; 5-8, 5- 9; 5-14, 5-15). The annual traffic monitoring program shall be conducted until two years after completion_ of the project. The initial counting program will count all project driveways, plus the following locations: • Route 1.0 at Earle Street • Earle Street at Grove Street • Grove Street at Laurel Street • Earle Street at West and Prince Street • Route 66 at Prince Street • Route 66 at Grove Street • Route 66 at Laurel Street 76601 WEIR U-Section61.doc 3-10 Proposed Section 61 Findings Epsilon Associates, Inc. membership fee assessed to the development and other participants that use the shuttle service. Support for Car Sharing. Because of increased costs associated with car ownership and increasing environmental awareness, car sharing is gaining in popularity. Zipcar, a Cambridge-based company, places cars in publicly accessible places and offers them for rent on an hourly basis. Based on discussions with the Route 9 TMA, the use of Zipcar is currently under review as a potential TDM alternative for its members. While membership is required to use these vehicles and a per-mile cost is assessed, this service is rapidly growing. HHD supports the carsharing initiative as well as the availability of rental car services in the area. This service provides an alternative option for transit, bicycle, or other non-automobile commuters who have the need for a car during the business day. HHD will work with the Route 9 TMA to evaluate the feasibility of providing a Zipcar program as a part of the planned development. On-Site Banking Services. HHD and/or the Land Owners Association will work with employers within the development to implement a direct deposit program for employee paychecks and reimbursements in order to reduce off-site automobile trips. In addition, HHD will work with the Land Owners Associations to locate automatic teller machine(s) within the development. Additional On-Site Amenities. HHD and/or the Land Owners Association will work with the City, and area businesses to provide an on-site dry cleaning pick-up service for the residents and businesses within the community. This service can be offered via a central location within the development or a mobile pick-up service. Monitoring Program As committed to in the Phase I Report and the DEIR, HHD will implement a transportation monitoring program that will measure actual performance characteristics of the project over time and will be used to determine the need for future improvements at the study intersections as the development is built-out. The objectives of the monitoring program are as follows: • To quantify actual traffic-generation characteristics for the development (both peak hour and daily) for comparison to projected traffic levels. • To evaluate and refine the effectiveness of the TDM program for the site, including employee/tenant mode shares, vehicle occupancy rates, bicycle use, etc. This portion of the monitoring program will be used to determine baseline performance of the TDM program, and will serve as a basis for fine-tuning or adjusting the program to encourage alternative travel modes. 766011FEIRU-Section6I.doc 3-9 Proposed Section 61 Findings Epsilon Associates, Inc. Carpool/Vanpool Program. All employers within The Village at Hospital Hill will be provided with information for dissemination to employees regarding the services offered by the Route 9 TMA and CARAVAN for Commuters. Preferential Parking for Carpools and Vanpools. HHD will designate a limited number of parking spaces in convenient locations within all commercial parking lots to be reserved for carpools and vanpools for employees at the Village at Hospital Hill. On-Site Public Transportation Pass Sales. HHD will encourage employers make public transportation passes available to employees. Further, HHD will work with on-site retailers to make public transportation passes available through on-site retail outlets. This effort will be coordinated through the Route 9 TMA. Guaranteed-Ride-Home Program. HHD is committed to implementing a guaranteed-ride- home program that will serve to facilitate the use of carpool and vanpool services by employees of the development. Participants who choose to vanpool or carpool will be assured that a ride home will be provided should they have to return home for personal or work-related reasons. The Route 9 TMA provides a guaranteed-ride-home program for TMA members. Bicycle Storage. Secure on-site bicycle storage will be provided for both employees and residents of The Village at Hospital Hill. In addition, HHD will work with commercial tenants and land owners to include on-site shower and locker facilities to encourage the use of bicycles by employees of the development. Further, HHD will distribute information related to the Pioneer Valley Transit Authority PVTA 'Rack and Roll' program which allows commuters to utilize both bicycle and public transportation as a means of commuting to work. Secure bicycle racks and/or storage lockers will be provided at convenient locations proximate to employment centers on-site. Public Transportation Connections to the Site. The Village at Hospital Hill is situated approximately one mile from the nearest PVTA bus stop, which is located at the Academy of Music in downtown Northampton. HHD, through tenant membership in the Route 9 TMA, will work with the PVTA to determine the feasibility of including The Village at Hospital Hill as a stop on the regional transit routes currently serving the area. As future commercial and residential development of the project site proceeds and a critical mass of potential public transportation users is formed, HHD will continue to work with the Route 9 TMA and the PVTA to integrate the development into the PVTA bus system. As an interim measure to link the development to public transportation service currently available in the downtown area of Northampton, HHD and/or the Land Owners Association will work with the City and the TMA and will commit to the provision of a shuttle service between the development and the PVTA hub in downtown Northampton at the Academy of Music. The costs associated with this service will be determined by the TMA in consultation with HHD and/or the Land Owners Association and will most likely be integrated into the TMA 766011FE1R13-Section61.doc 3-8 Proposed Section 61 Findings Epsilon Associates, Inc. TMA Membership. HHD, when selling or leasing property, will require individual commercial tenants to become a member of The Village at Hospital Hill Landowners Association. HHD or the property management team will oversee the Landowners Association, which will become a member of the Route 9 TMA. The individual tenants, through membership dues paid to the Landowners Association, will contribute toward the TMA membership dues. Initially, HHD will contribute $5,000 annually toward the Route 9 TMA upon completion of the first commercial building within the community. As future development proceeds and as additional commercial tenants join the Landowners Association, these businesses will fund the Route 9 TMA membership costs, which will be included in the individual association membership fees for each tenant. As a member of the Route 9 TMA, HHD and/or the Landowners Association will coordinate strategies and programs offered by the TMA including the following: • Participation in area transportation events such as the Transportation Fair, Bicycle Commute Week, and other promotional events offered by the TMA. • Production and dissemination of TDM marketing materials and newsletters. • Links to the TMA's web site. • Completion of employee surveys. • Participation in transportation coordinator training. • Participation in the guaranteed-ride-home program. • Participation in ride matching programs. • Commuter Choice benefits. On-Site Transportation Coordinator. As a landlord, HHD or its professional property manager will work with individual tenants to designate an individual to serve as the on-site Transportation Coordinator. HHD will also encourage other commercial landowners to identify on-site Transportation Coordinators. The role of this individual is to oversee the promotion and implementation of TDM programs and serve as the chief liaison with the Route 9 TMA and with building employees and state and city agencies, as required. Public Transportation Marketing Information. HHD will make information on public transportation alternatives available at various on-site locations, including commercial and residential areas and other public places. HHD will include information related to public transportation in employee orientation material and lease/sales information for prospective tenants. 766011FE1RI3-Section61.doc 3-7 Proposed Section 61 Findings Epsilon Associates, Inc. Unsignahzed intersections: 1. Route 10 (South Street/Easthampton Road) at Earle Street 2. Prince Street at West Street and Earle Street 3. Burts Pit Road at Florence Road 4. Prince Street at the Main Campus Driveway 5. Prince Street at the Campus Driveway (North Campus) Signalized intersections: 6. Main Street at New South Street and State Street 7. South Street and New South Street at Old South Street The. City of Northampton and members of the Citizens Advisory Committee expressed special concern that the elimination of "Ridge Street," a connector proposed on the Master Plan between Prince Street and Route 10, would adversely impact the "village" character of the project south of Prince Street, and that traffic would cut through Laurel Street and western Grove Street, adversely impacting the neighborhood. In response to this concern, and as required by the MEPA Scope and Certificates, HHD conducted an exhaustive analysis of alternative alignments for Ridge Street or for other ways of conveying traffic between Route 66 and Route 10. Based on such analysis, and taking into consideration wetland constraints, topography and road design standards, MassDevelopment concluded that an upgraded Earle Street provided the most feasible and effective vehicular connection between Prince Street and Route 10. DEIR Section 5.7. Additional capacity analyses were presented in Tables 5-12 and 5-13 of the DEIR. 3.3.1.2 Mitigation Transportation Demand Management Program HHD has committed to a program of both structural and non-structural mitigation for the foregoing impacts. The most effective means to avoid traffic impacts is to avoid causing the traffic. Accordingly, HHD has committed to a comprehensive Transportation Demand Management (TDM) program, intended to reduce trip generation by the project to a level 35% below the predicted by application of ITE guidelines. Structural Mitigation relates to signalization of the unsignalized intersections i entified above (nos. 1 — 5), and the modification of signal timing of the two signalized intersections (nos. 6, 7). The elements of the TDM program (see FEIR Section 2.0) are the following: 766011FEIRU-Section6l.doc 3-6 Proposed Section 61 Findings Epsilon Associates, Inc. Table 3-1 Projected Buildout by Type of Use, square feet Retail Office Child Community/ Light Industrial Total Care Cultural Industrial Phase 1 19,000 53,000 - - - 80,000 152,000 Phase II' 12,000 175,000 16,000 25,000 96,000 - 324,000 Total 31,000 228,000 16,000 25,000 96,000 80,000 476,000 'Phase 11 will include 60-80 units of assisted living. 3.3 Scope of Section 61 Finding The potential impacts identified by the Secretary in the Certificate on the ENF for evaluation are Transportation, Historic Impacts, Water and Sewer, Wetlands and Stormwater, Executive Order #385 / Planning for Growth, and Green Buildings. Pursuant to M.G.L. c. 30, sec. 62A,this Section 61 Finding addresses those impacts. As required by General Laws Ch. 30, Sec. 61, MassDevelopment has conducted a review of the environmental impacts of the above project. Having prepared an Expanded Environmental Notification Form (October 15, 2001), a Phase I Report (April 30, 2002), a Draft Environmental Impact Report (April 30, 2003) and a Final Environmental Impact Report (September 30, 2003), MassDevelopment has determined the environmental impacts of the project, and evaluated mitigation for those impacts. Based upon the foregoing documents, MassDevelopment has determined that the impacts of the project are as described below, and commits to the specified mitigating measures. 3.3.1 Transportation 3.3.1.1 Potential Impacts At full build, assuming trip generation as computed per Institute of Traffic Engineers (ITE) guidelines, the project would be expected to generate 8,616 external vehicle trips on an average weekday, of which 914 would take place in the AM peak hour (637 entering; 277 exiting) and 1,020 would take place in the PM peak hour (341 entering, 679 exiting). For detail, please see pp. 5-29 — 5-34 of the DEIR. The foregoing trips were assigned and distributed, and superimposed on background conditions including known development projects and a 1% average annual background growth rate. Using accepted methodologies, traffic operations analysis was conducted for both signalized and-unsignalized intersections in the traffic study area. The results of the analysis are presented in Tables 5-10 and 5-11 of the DEIR (DEIR pp. 548 — 5-57). HHD finds that, without mitigation, the traffic increases from the project would cause potentially significant impacts at the following intersections: 766011FEIRI3-Section6l.doc 3-5 Proposed Section 61 Findings Epsilon Associates, Inc. Texas Road, were all problems that could not be overcome. The original Master Plan was laid out without benefit of topographic survey and wetlands mapping. Unfortunately, more accurate information demonstrated intractable problems with the Ridge Street alignment. Thus, an upgraded Earle Street with a signalized intersection at Earle Street / West Street / Prince'Street became the selected alternative. Capacity analyses were performed for all Study Area intersections, both signalized and unsignalized. As required by joint EOEA/EOTC Guidelines and MEPA practice, the analysis assumed trip generation per Institute of Traffic Engineers (ITE) rates. The result of that analysis showed that signal warrants are now met at one unsignalized intersection, the Earle Street/South Street intersection. Depending on future traffic conditions, signalization may become warranted at three additional unsignalized intersections: Earle / West / Prince Streets, Prince Street/Main Gate, and Burts Pit Road/Florence Road. Signal timing at two ' ekisting signalized intersections, Main / New South / State and South / New South / Old S6bthlshould be modified. The most important mitigation is the implementation of a comprehensive TDM. program, to limit future traffic from the project. This will defer or possibly eliminate the need for future signalization. HHD is committing to an annual traffic monitoring program, the results of Which will provide information on the success of the TDM program, the need for and timing of signalization, and the need for any other improvements to address problem conditions. Please see Section 2.0. HHD is further committing to the design of four traffic signals as they are needed and, if other funding cannot be secured, to fund the installation of signals at 1) Route 10 / Earle Street, 2) Earle Street / Prince Street / West Street, and 3) Prince Street/Main Gate. Further, HHD will (subject to approval by the City) identify and implement the required signal timing modifications. Finally, in response to the CAC and neighborhood concerns, should the project cause increased diversion of traffic through West Grove Street and Laurel Street, as determined by the traffic monitoring program, HHD will work with the Planning Board and the DPW to identify appropriate traffic calming measures, including raised crosswalks and other speed control devices. As specific measures are identified and agreed upon, HHD will provide funding. 1.4 Summary of Wastewater and Water Supply Analyses As set forth in the ENF, Northampton's water supply and wastewater treatment capacity are sufficient to accommodate the needs of both Phase I and the Full-Build. An evaluation, included as Section 7.0 in the Draft EIR, has also found that the City's wastewater collection system down-gradient of the site, including the Mill River siphon, has sufficient capacity to accommodate the anticipated Phase I and Full-Build flows. Neither the off-site municipal water supply system nor the wastewater collection system requires improvements to serve this project. The proposed construction of both water and wastewater utilities for Phase I and Full-Build is limited to on-site systems to serve the proposed facilities. All plumbing fixtures will be low-flow, in compliance with the State Building Code. 766011FE1RII-ProiectSummary.doc 1-6 Project Summary Epsilon Associates, Inc. �. V iR t +��'gi.' ♦ ` ,,f'.,. i'i F� �♦. _ �p;'l.lfa � �1. •• t w"F Al lit � yy re •• 3( :l •• SOS � �'R �, ' • • ,fit' I' r �� l' ( f < a° Table 6-3 Wastewater Collection System Capacity and Project Wastewater Contribution Percent Percent Maximum Capacity for Capacity for Pipe Description (feet) o (f slope t/foot) Capacity Phase I Max Full Build (mgd) Project Flow Max Project (%) Flow(°�) 8-inch existing line down 1000 0.012 2.44 9.6 22.7 Prince Street Hill 12-inch new line connecting to West Street 250 0.055 6.89 3.4 8.0 line 12-inch existing line in 525 0.022 2.35 10.0 23.5 West Street 14-inch line in West Street connecting to 10- 255 0.017 2.61 9.0 21.2 inch siphon 10-inch siphon under Mill 100 0.01 2.60 9.0 21.2 River 6.5.3 Conclusions of the Wastewater Collection System Analysis The proposed Phase I and Full Build development do not include upgrades or the construction of additional municipal sanitary sewers. Evaluation of the wastewater collection system indicates that the infrastructure, with the proposed Route 66 upgrades should have sufficient capacity to handle the proposed Phase I development due to the relatively low (10 percent or less) required existing pipe capacity. Phase I construction of sewer utilities will be limited to onsite pipelines to serve the proposed facilities. A more detailed analysis of the existing system is necessary to determine the potential system upgrades necessary to provide sufficient capacity to accommodate the Full Build plan. Because the project wastewater flow is a larger (up to 23.5 percent) percentage of existing sanitary sewer capacity, the existing sanitary sewer flows along Route 66 and Earle Street will be further evaluated for the DEIR to determine the system's ability to handle the anticipated peak sanitary sewer flows for Full Build. It is anticipated that the existing sewer in Route 66 has sufficient capacity to handle the additional flows contributed by the Full Build plan. In the event that the existing Route 66 sewer cannot handle all of the additional flow, then the second sanitary sewer line that extends north of the NSH property will be utilized to carry wastewater flows to the 36-inch trunk line on the north side of the Mill River. 76601lPhase/Reportl6-WaterWaste.doc 6-10 Water Supply and Wastewater Tighe&Bond Epsilon Associates, Inc. Table 6-2 Total Projected Wastewater Flows Land Use Quantity Residents or Per Capita Estimated Employees Wastewater Average Daily Flow (gpcd) Wastewater Flow(gpd) Phase I—Village at Hospital Hill Residential 109 single family 327 residents 100 32,700 dwelling units Commercial 152,000 s.f. 456 20 9,120 employees Total Average Daily Wastewater Flows — 41,820 Total Peak Wastewater Flows(PF-5.6) — 234,192 Full Build—Village at Hospital Hill Residential 207 single family and 621 residents 100 62,100 mixed-income rental dwelling units Commercial 476,000 s.f. 1,428 20 28,560 employees Commercial 80 assisted living 80 residents 100 8,000 dwelling units(75,000 s.f.) Total Average Daily Wastewater Flows — 98,660 Total Peak Waste water Flows(PF=5.--6) — 552,496 6.5.2 Wastewater Collection System Capacity The evaluation of the wastewater collection system was performed on a percentage of total system capacity basis. Estimated project wastewater flows were compared to total existing wastewater collection system capacity. If a sewer pipe slope was unknown, the minimum allowable pipe slope to provide a 2-foot per second solids scouring velocity was used. The Manning formula for open channel flow was used to determine sewer pipe capacity. A typical manning coefficient of 0.013 was used for all sanitary wastewater lines in the analysis. For the 10-inch siphon, the Hazen Williams formula for pressure pipe and a typical friction factor of 100 was used to determine the maximum capacity. Results of the wastewater collection system capacity analysis are presented in Table 6-3. 766ollPhase/Reportl&WaterWaste.doc 6-9 Water Supply and Wastewater Tighe&Bond Epsilon Associates, Inc. 6.4 Existing Wastewater Collection and Treatment Existing and proposed sanitary sewer lines in the vicinity of the NSH are shown in Figure 6- 3. The hospital property is currently served by an 8-inch diameter sanitary sewer on the Prince Street hill, which increases in diameter to 12 inches in West Street at the base of the hill, and to 14 inches at Paquette Avenue. The 14-inch line connects to an inverted 10-inch siphon under the Mill River which then connects to a 12-inch diameter pipe that discharges into an 18-inch interceptor sewer on the east side of the river. A second 8-inch sanitary sewer line extends North of the NSH Property and connects to the intersection of a 30-inch and 36-inch trunk line on the North side of the Mill River. The proposed improvements to Route. 66 also include the extension of an 8-inch diameter sanitary sewer west past the Ice Pond site as shown in Figure 6-2. 6.5 Project Wastewater Collection Proposed Phase I and Full Build plans were utilized to determine estimated average day, and peak wastewater flows based on population and type water use. The wastewater collection system was evaluated to determine the system capacity under average day, and peak wastewater flows. Available wastewater flow capacity within the existing collection system was determined for both Phase I and Full Build. 6.5.1 Wastewater flow Determination The estimated average sanitary sewage loads are based on the estimated average water consumption. Although sanitary sewage loads from domestic sources are often less than the estimated water consumption due to uses that do not contribute to wastewater flow, such as watering lawns and washing cars, a conservative approach for estimating average daily sanitary sewage flows neglects these losses. Therefore, the estimated average daily wastewater flows for new sewers, with negligible groundwater infiltration, are the same as the average daily water consumption estimate. The maximum sewer flows were determined using the TR-16 Design manual for sewer design. For a small population, the recommended peak flow to average daily flow demand factor is 5.6. Estimated average daily and peak wastewater flows are shown in Table 6-2. 766011Phase/Reportl&waterwaste.doc 6-7 Water supply and Wastewater Tighe&Bond Epsilon Associates, Inc. 6.3.3 Water System Pressures The impacts of the proposed development were evaluated using the Northampton water distribution model. System pressures were analyzed under maximum and peak water demand conditions for both Phase I and Full Build. The water distribution system was modified to include the proposed water main modifications on Route 66 and critical water mains located on the NSH property. As shown in Figure 6-1, it was assumed that water would be drawn from two nodes, one located on the NSH property just north of Route 66 and the other located on the NSH property just south of Route 66. The model was run using maximum day and peak hour water demands for both Phase I and Full Build by simulating 50 percent of the maximum day and peak hour water demand on each node. Water system pressures under worst-case scenario (Full Build under peak water demands) ranged between 76 psi and 89 psi. This indicates that the water system has sufficient capacity to supply the worst-case scenario water demand while still maintaining an adequate system pressure (typically 70 psi to 100 psi). The predicted water pressures are significantly higher than the minimum residual of 35 psi that is required by the State under non-fire flow conditions. 6.3.4 Fire Flow Considerations Because the precise location, construction type, and activity type for each building have not yet been determined, the issue of fire flows was addressed by determining the available flow, rather than the fire flow required by the proposed buildings. Fire flow availability was calculated using the Northampton water distribution system model under maximum day water demands. Available fire flows are typically determined by imposing the maximum possible water demand at one location while maintaining a minimum pressure of 20 psi throughout the remainder of the distribution system under maximum day flow conditions. Results of the fire flow analysis under maximum day water demands for Phase I and Full Build indicate that the available fire flow is in excess of 3500 gpm. The available fire flow, as modeled, is adequate for the proposed project under the worst-case scenario water demand. 6.3.5 Conclusions of the Water Distribution System Analysis The proposed Phase I and Full Build development do not include upgrades or the construction of additional municipal water main. Evaluation of the water distribution system indicates that the infrastructure, with the proposed Route 66 upgrades, has sufficient capacity to supply the proposed Phase I and Full Build water demands and fire flows. Phase I and Full Build construction of water utilities will be limited to onsite pipelines to serve the proposed facilities. 76601 Mase/Reportl&waterwaste.doc 6-6 Water Supply and Wastewater Tighe&Bond Epsilon Associates, Inc. was subtracted from the total commercial area (551,000 s.f.) for a total of 476,000 s.f. of commercial development for the Full Build phase. For the assisted living dwelling units it was assumed that one person would occupy each unit and for the other dwelling units it was assumed that three persons would occupy each unit. Evaluation of real water demand data for the Northampton water system for 1997 to 2000 indicated a maximum day to average day demand peaking factor of 1.6. A peak hour to average day demand factor of 2.5 was selected based on water systems with similar capacities. Based on these consumption rates, demand factors, and the extent of the Phase I and Full Build development, the estimated average day, maximum day, and peak hourly water demands are presented in Table 6-1. Table 6-1 Projected Water Demand Land Use Quantity Residents or Per Capital Estimated Employees Water Average Daily Consumption Water (gpcd) Consumption (gpd) Phase I—Village at Hospital Hill Residential 109 single family 327 residents 100 32,700 dwelling units Commercial 152,000 s.f. 456 20 9,120 employees Total Average Day Water Consumption — 41,820 Total Maximum Day Water Consumption(PF-1.6) — 66,912 Total Peak Hour Water Consumption(PF-2.5) — 104,55 Full Build—Village at Hospital Hill Residential 207 single family and 621 residents 100 62,100 mixed-income rental dwelling units Commercial 476,000 s.f. 1,428 20 28,560 employees Commercial 80 assisted living 80 residents 100 8,000 dwelling units(75,000 s.f.) Total Average Day Water Consumption — 98,660 Total Maximum Day Water Consumption (PF-1.6) — 157,856 Total Peak Hour Water Consumption(PF-2.5) — 246,650 76601lPhase l Reportl6-WaterWaste.doc 6-5 Water Supply and Wastewater Tighe&Bond Epsilon Associates, Inc. long, 20-inch diameter main carries water to Northampton from the Mountain Street Reservoir, and a 3.7-mile 36-inch main carries water from the Ryan Reservoir. The water distribution system in the vicinity of the NSH property is shown in Figure 6-1. The proposed reconstruction of Route 66 includes the replacement of these water mains with a 12-inch diameter main. In addition to the municipal water mains in Route 66 and adjacent streets, there is another existing 12-inch water main that crosses under the Mill River, connects to a 16-inch water main on Federal Street and serves the property from the north. The 12-inch main extends southerly through a network of mains on the property, crossing Route 66 and connects with the 10-inch main in Grove Street. Also included in the proposed improvements to Route 66 is the extension of a 12-inch diameter water main west past the Ice Pond site as shown in Figure 6-2. The Northampton Department of Public Works water distribution system computer model was utilized to determine water system capacity and ability to handle the proposed Phase I and Full Build development scenarios. Figure 6-1 shows the critical water mains in the vicinity of the NSH property used in the water distribution system analysis. 6.3 Project Water Supply System Evaluation Proposed Phase I and Full Build conceptual development plans were utilized to determine estimated average day, maximum day, and peak hour water demands based on population and type of water use. The Northampton water distribution system model was utilized to determine the system capacity under average day, maximum day, and peak hourly water demands. Available fire flows were also determined for both Phase 1 and Full Build development conditions. 6.3.1 Proposed Phase/and Full Build Plans The Phase I Development Project consists of up to 109 residential units and 152,000 square feet of commercial development. Twenty-seven of the residential units are proposed for the Ice Pond site. The remainder of the residential units and all of the commercial space will be located on hospital property, primarily on the south side of Route 66. The Full Build development consists of 207 residential units, 476,000 s.f. of commercial development and a 75,000 s.f. assisted living facility for the elderly with 60 to 80 units. 6.3.2 Water Demand Determination The water demand estimates are based on the projected occupancy of the dwellings and the staffing of the commercial space. For the purposes of developing preliminary estimates of the average water demand from the residential units, a per capita water consumption of 100 gallons per day has been used. This is a common consumption rate for planning purposes. The consumption rate for the commercial space is 20 gallons per day per employee. For the purpose of calculating water demand, the area designated as assisted living (75,000 s.f.) 766011 Phase/Reportl&KaterWaste.doc 6-2 Water Supply and Wastewater Tighe&Bond Epsilon Associates, Inc. 6.0 WATER SUPPLY AND WASTEWATER 6.1 Introduction The Northampton water system is'supplied from three reservoirs: the 25 million gallon capacity West Whately Reservoir, the 350 million gallon capacity Mountain Street Reservoir, and the 750 million gallon capacity Francis P. Ryan Reservoir. The City's water system also includes two gravel packed wells that are typically operated in the summer during peak flow periods. The City's water system is currently unfiltered and disinfected using gas to solution chlorination systems located at three different locations. Sodium hydroxide and zinc orthophosphate are applied to the water to raise pH and inhibit corrosion. The City's average daily demand is approximately 3.6 million gallons per day (mgd), and maximum daily demand is approximately 4.6 mgd. The permitted withdrawal rate is 4.77 mgd. The City is currently in the'design stage for a drinking water filtration plant (bench testing is ongoing). Construction is anticipated to begin in 2003, and the plant is planned to be online in 2005. Average daily projected water use of Phase I is 41,820 gallons per day (gpd), and average daily projected use at Full-build is 98,660 gpd. Based on discussions with the Northampton Department of Public Works (see also City of Northampton's November 21, 2001 comment NOR.01 in Section 9.0), the City's water supply is adequate to supply both Phase I and the Full-build. Northampton's wastewater is treated at the municipal plant on Hockanum Road. The treatment plant is an activated sludge plant, which provides secondary treatment for 4.5 mgd (average daily flow). Design capacity is 8.7 mgd. The City expanded the plant in 1999 (diffused air process, gravity belt thickener, sludge storage tanks.) It has no present plans for further expansion. There is an ongoing program to address Infiltration and Inflow, with full-time staff, and regularly conducts leakage repair and lining of problematic segments of pipe. Projected average daily wastewater generation from Phase I is 41,820, and projected generation at Full-build is 98,660 gpd. Northampton has confirmed (see also City of Northampton's November 21, 2001 comment NOR.01 in Section 9.0) that the City's wastewater treatment capacity is adequate to meet the needs of both Phase I and the Full- build 6.2 Existing Water Source and Distribution System The Northampton water system is supplied from the West Whately, Mountain Street, and Francis P. Ryan Reservoirs via two transmission mains. The Ryan Reservoir spillway discharges into the West Whately Reservoir, and flow from the West Whately Reservoir discharges to the Mountain Street Reservoir via a gravity flow main and brook. A 4.1-mile 76601lPhase/Reportl&WaterWa5te.doc 6-1 Water Supply and Wastewater Tighe&Bond Epsilon Associates,Inc. The Village at Hospital Hill Phase One Report EOEA # 12629 Prepared for: MassDevelopment 75 Federal Street Boston, MA 02110 The Community Builders, Inc. 322 Main Street Springfield, MA 01105-2408 Prepared by: Epsilon Associates, Inc. In association with: Vanasse & Associates, Inc. Tighe & Bond Arrowstreet, Inc. April 30, 2002 � �ONASSOC IATES INC tM Environmental Consultants Village Hill Definitive Subdivision Plan April 4,2007 Development Impact Statement Page 2 of 2 Highlighted copies of the relevant portions of Section 6 of the Phase 1 Report,along with excerpts from the Final EIR, Section 1-5, are attached for reference. Public Works The Definitive Subdivision as submitted proposes to add 3,1051f of roadway. The total linear feet of road, (including presently constructed or planned for the definitive plan),is less that what was presented in the EIR master plan. Schools: Based upon the formulae presented in Section 290-23F(1)(d),the projected increase in children population generated by the planned units in the definitive subdivision plan would be as follows: Proposed for this submission: Phase 2 Village rental(planned multifamilt) 40 units @ 0.375 children/unit= 15 Village for Sale(planned single family detached) 13 units @ 0.75 children/unit= 10 Village for Sale(planned single family attached) 86 units(a 0.50 children/unit= 43 Total 139 units = 68 children Traffic: The EIR discussed all of the anticipated traffic impacts associated with the full build scenario and proposed mitigation for the traffic increased. At full build,the project would be expected to generate 8,616 external vehicle trips on an average weekday,of which 914 would take place in the AM peak hour,(637 entering,277 exiting),and 1,020 would take place on the PM peak hour, (341 entering, 679 exiting). Without mitigation,these traffic increases would cause potentially significant impacts at a number of intersections. HDD has committed to a program of both structural and non structural mitigation. HHD has committed to a comprehensive Transportation Demand Management(TDM)program,intended to reduce trip generation to 35%below that predicted I TE guidelines. The structural mitigation would include signalization of 5 unsignalized intersections and modification of signal timing of two signalized intersections.The traffic will be monitored as the project is developed and will continue until two years after the project is completed.The mitigation will be implemented in accordance with the traffic conditions. With the implementation of the proposed mitigation,Mass Development finds that all feasible means and measures will be taken t avoid or minize potential traffic impacts of to project. Attached are highlighted sections of the Final EIR, Section 3,which outline the TDM,monitoring process, and implementation of mitigation measures. Attachments to follow: Pages 6-1,6-2,6-3,6-6,6-7, 6-9&6-10 of the Phase One Report Page 1-6 of the Final EIR Pages 3-5 thru 3-12 of the final EIR The Berkshire Design Group, Inc. Village Hill Definitive Subdivision Plan April 4,2007 Development Impact Statement Section 290-23F(1)require that a Development Impact Statement be submitted as part of the Definitive Subdivision application. This project is one phase of the on-going Village Hill project. That project has a master plan with phased development which culminates in the"Full Build"scenario. The impacts associated with that full build scenario was fully evaluated and reported in an Environmental Impact Report, (EIR). The final EIR was published on September 26, 2003. Although the presented subdivision plan does not follow the master plan exactly,the density,number of dwelling units,and linear feet of roadway of the presented subdivision plan and constructed portion of the project does not exceed the full build analysis studied and presented in the EIR. As such,the development impacts of the presented subdivision are the same or less than what was presented as the Full Build scenario in the EIR. The Full Build scenario described in the EIR consists of 207 residential units,476,000 sf of commercial space,and 80 assisted living dwelling units. The definitive subdivision project as currently presented and currently constructed would include a total of 202 residential units,as follows: Total planned or built to date (including this submission): Ice Pond(built) 26 units Phase I Village Rental(built) 33 units Phase 2 Village rental(planned) 40 units Village for Sale(planned) 99 units Total 202 units That being the case, for the purpose of this subdivision application the environmental and development impacts and mitigation as presented in the EIR are utilized and presented as the impacts associated with this subdivision application. Water and Wastewater: The following are projected generation of wastewater and consumption of water for the full build scenario. These figures were obtained from excerpts from Section 6 of the Phase 1 EIR for full build: Total Average Day Water Consumption= 98,660 Total Maximum Water Consumption(PF=1.6)= 157,856 Total Peak Hour Water Consumption(PF=2.5)=246,650 Total average Daily wastewater Flows= 98,660 Total Peak Wastewater Flows(PF=5.6)=552,496 The result of the EIR analysis indicated that the project would have no detrimental effect on the water supply or wastewater systems, and that the site would have an available fire flow in excess of 3,500 gpm,which is adequate for the proposed project under the worst case scenario. The Berkshire Design Group,Inc. MEMORANDUM TV*&Bo d improvements are planned and implemented on a local level, they must be carefully reviewed for their impact to the traffic patterns across the entire surrounding roadway network. Small localized improvements could potentially alter traffic patterns yielding unintended impacts in adjacent areas. J:WW0592\DO5\Memo\Draft Laurel BP Intersection redline 4 02 07.doc -4- MEMORANDUM TBond There are also potential negative impacts of the proposed concepts. The intersection improvements would potentially promote usage of Laurel Street by providing easier access from the proposed westerly access road. In our opinion, this could directly contradict the Section 61 transportation findings which intend to direct development and existing cut-through traffic away from Grove and Laurel Streets. Therefore, we recommend evaluating the possible impacts on the entire road network prior to proceeding with isolated intersection improvements that may solve some problems while exacerbating others. The proposed concepts involve land takings, which could involve time delays, costs and negative public perception that the City of Northampton may wish to avoid. For example, the land taking on the community garden parcel may trigger a requirement to hold a public hearing per MGL 79, Section 5B (taking of agricultural land). Also, although the proposed 80 foot radius for both of the Laurel Street realignment concepts is an improvement over the existing condition, it does not meet the minimum radius requirements for an assumed design speed of 25 miles per hour. Meeting the minimum radius requirements as outlined by MassHighway would result in additional land takings, which might not be feasible due the existing building layout. Finally, the proposed concepts both involve eliminating the existing tree line between the westerly access road and the community gardens, which seems contrary to the overall goal of maintaining as many trees throughout the development as possible. Moreover, the existing and future traffic volumes at this intersection are so low that they do not justify the complex, disruptive, costly, and time-consuming improvements shown on the Berkshire Design Group alternatives. Westerly Access Road Impact One final consideration is the relatively low percentage of site generated traffic using this intersection. The resources expended realigning the intersection could be applied to other areas, such as Laurel Street and Grove Street, resulting in greater benefit and achieving the Section 61 commitments. Hospital Hill Development could also consider other means to further reduce the proposed peak-hour volume, such as making the westerly access road one- way. Conclusion Trip generation and distribution data for Village Hill at Northampton will be updated with an eye to evaluating the need for improvements to the Laurel Street/Burt's Pit/West Road intersection. Our goal will be to enhance safety and offer traffic calming benefits for the northerly section of Laurel Street. Based on current information, it is hard to justify the proposed realignment given the low existing and future volumes and the very real possibility that realignment of the intersection could increase traffic volumes on Laurel Street, in contradiction of the Section 61 Findings... The Section 61 Findings provide traffic mitigation and guidance to channel traffic away from sensitive residential areas and establish primary routes for access to the development. As -3- MEMORANDUM T � • restriction of Laurel Street, between Route 66 and Grove Street, to function as a one-way southbound roadway • speed humps • chokers • raised intersections at the Laurel Street intersections with Grove Street and Earle Street Separately, Mayor Higgins has requested that Hospital Hill Development prioritize treatment of and improvements to the Grove Street/Laurel Street intersection. Intersection Improvements at Laurel Street and Burt's Pit Road The conceptual plans show the reconfiguration of the existing "Y" shaped intersection into a four-way intersection with the westerly access road. In both alternatives, the future Laurel Street approach would intersect Burt's Pit Road to produce a 90 degree intersection. The future westerly access road approach, in both alternatives, would intersect Burt's Pit Road directly opposite the Laurel Street approach. Concept Details Berkshire Design Group provided The Community Builders, LLC with two alternatives. Concept "A" depicts the westerly access road as a two-lane, two-way roadway with parking provided along the eastern side. Concept "A" proposes to abut the westerly access road western edge of pavement inline with the property line shared with the City owned community garden. Concept "A" would require 50 SF of land taking on the northwest corner for the westerly access road layout. In addition, the southeast property would have to transfer 455 SF into Right-of-Way to account for the new alignment of Laurel Street. Concept "B" depicts "West Road", as a two-lane, two-way roadway without any parking provided within the Right of Way. In addition, the alignments of both Laurel Street and "West Road" meet further east than in Concept "A". The eastward shift of the alignment results in no land taking along the northwest corner, but does increase the land taking along the southwest comer to 827 SF. General Comments There are existing problems with the current condition at the Laurel Street/Burt's Pit Road intersection that are unrelated to the proposed development at the Village at Hospital Hill. These problems include speeding along Laurel Street from cars traveling eastbound on Burt's Pit Road, an ill-defined "cut-off" between the legs of the "Y" intersection, and a poor sight angle for cars turning from Laurel Street to the westbound Burt's Pit Road. Both proposed concepts provide the following improvements to the current condition: • Decrease speed of the Burt's Pit Road right-turns onto Laurel Street • Align the Laurel Street approach to intersect Burt's Pit Road at a 90 degree angle -2- MEMORANDUM T4he&Bond Reconfiguration Alternatives of Laurel Street and Burt's Pit Road To: Elizabeth Murphy & Alan Delaney, Hospital Hill Development, LLC FROM: Paul Furgal & Todd Brown, P.E., Tighe &Bond copy: Dave Loring, P.E. DATE: April 3, 2007 Tighe & Bond, Inc. has reviewed two design alternatives generated by the Berkshire Design Group for the geometric modifications of the Laurel Street intersection with Burt's Pit Road in Northampton, MA. This memorandum provides very general comments on the alternatives. However, before considering intersection reconstruction alternatives in any detail, we strongly recommend, and Hospital Hill Development, LLC has authorized, a re-evaluation of trip generation and trip distribution data for the entire development, particularly because of the interrelationship with the section of Laurel Street between Route 66 and Grove Street. Burt's Pit Road is a two-lane, two-way, east-west roadway. Laurel Street is a two-lane, two- way north-south roadway. The Laurel Street approach into the "Y" shaped intersection is under stop sign control. A driveway exists servicing the Hospital Hill Development on the north side of Burt's Pit Road. The Burt's Pit Road traffic movements have the right of way within the intersection. The City of Northampton has requested that Hospital Hill Development improve the Laurel Street intersection with Burt's Pit Road in conjunction with the proposed improvement of the westerly access road to the Village at Hospital Hill. Notably, improvements to this intersection were not identified by the FEIR or the Section 61 findings for the development project. Section 61 Findings The Section 61 Findings outline the mitigation commitments, as defined by the Agencies of the Commonwealth of Massachusetts, for the redevelopment of the Northampton State Hospital site. The intersection of Laurel Street with Burt's Pit Road is not listed as a mitigation requirement. The future improvements described in the Section 61 Findings include the following: • Reconstruction of Earle Street to serve as a collector road • Future signalization of strategic intersection locations within the project area • Possible traffic mitigation measures for Laurel Street including the following: 1. New Bit.Conc.Paving TON 1,670 $57.00 $95,190.00 2. Gravel Roadway Base(12") CY 3,200 $18.00 $57,600.00 3. Concrete Sidewalk SY 3,645 $26.00 $94,770.00 4. Gravel Sidewalk Base(6") CY 930 $18.00 $16,740.00 5. Bit.Conc.Curb LF 4650 $3.50 $16,275.00 6. Granite Curb LF 1530 $34.00 $52,020.00 7. Accessible Curb Ramp EA 26 $500.00 $13,000.00 8. 10'Gravel Bike Path CY 220 $18.00 $3,960.00 9. Signage,Striping LS 1 $1,200.00 $1,200.00 Subtotal $350,755.00 1. Hydroseed MSF 100 $50.00 $5,000.00 2. Large/Street Tree EA 191 $550.00 $105,050.00 Subtotal $110,050.00 TOTAL SITE WORK $1,291,582.00 1. Inspection Fees LS 1 $12,000.00 $12,000.00 2. Materials Testing LS 1 $5,000.00 $5,000.00 3. Engineering Revisions LS 1 $5,000.00 $5,000.00 4. Legal Fees LS 1 $7,500.00 $7,500.00 Subtotal $29,500.00 PROJECT TOTAL $1,321,082.00 20%Inflation/Safety factor $264,216.40 GRAND TOTAL $1,585,298.40 $510.56 per LF /0/0 ' 111or Opinion of Construction Quantities and Probable Cost Prepared by: The Berkshire Design Group,Inc.on 3123107;revised 414107 Item Unit Quantity Unit Price Project Total 1. Clear and Grub Vegetation LS 1 $3,500.00 $3,500.00 2. Remove Bit.Concrete SY 200 $3.00 $600.00 3. Strip and Stockpile Topsoil(-6"assumed) CY 2000 $5.00 $10,000.00 4. Erosion Control Measures LS 1 $8,000.00 $8,000.00 5. Excavate/Rough Grade CY 7500 $4.00 $30,000.00 6. Fine Grading SY 22000 $1.50 $33,000.00 7. Spread Topsoil from Stockpile(6"deep) CY 1200 $4.00 $4,800.00 Subtotal $89,900.00 1. Drainge Spreader EA 1 $5,000.00 $5,000.00 2. Flared End w/Rip Rap EA 1 $750.00 $750.00 3. Catch Basin EA 23 $2,500.00 $57,500.00 4. Manhole EA 17 $2,500.00 $42,500.00 5. Stormwater Treatment Unit EA 1 $12,000.00 $12,000.00 6. 24"Drain Pipe LF 250 $40.00 $10,000.00 7. 15"Drain Pipe LF 900 $32.00 $28,800.00 8. 12"Drain Pipe LF 1165 $28.00 $32,620.00 9. Detention Basins LS 1 $15,000.00 $15,000.00 10. Fence Enclosure LF 570 $9.00 $5,130.00 Subtotal $209,300.00 1. 12"D.I.Water Line LF 1024 $48.00 $49,152.00 2. 8"D.I.Water Line LF 2225 $39.00 $86,775.00 3. 8"Gate Valve EA 12 $750.00 $9,000.00 4. 1"Copper water services EA 13 $750.00 $9,750.00 5. D.I.Water services EA 2 $1,000.00 $2,000.00 6. Fire Hydrant Assembly EA 7 $2,000.00 $14,000.00 Subtotal $170,677.00 1. Sewer Manhole EA 12 $2,800.00 $33,600.00 2. 8"PVC Sewer Line LF 2130 $20.00 $42,600.00 3. 6"PVC Service laterals/cleanouts EA 21 $540.00 $11,340.00 Subtotal $87,540.00 1. Trench/Backfill-main LF 3050 $5.00 $15,250.00 2. Trench/backill-services LF 780 $5.00 $3,900.00 3. 4"PVC ductbank LF 3050 $50.00 $152,500.00 4. Pole light EA 18 $2,000.00 $36,000.00 5. Electric Manholes,pullboxes LS 1 $45,000.00 $45,000.00 6. Utility backcharges LS 1 not figured not figured Subtotal $252,650.00 1. TrenchBackfill-main LF 3050 $5.00 $15,250.00 2. Trench/backill/sleeve-services LF 780 $7.00 $5,460.00 3. Utility backcharges LS 1 not figured not figured Subtotal $20,710.00 Village Hill, Northampton, MA April 4,2007 Stormwater Drainage Summary Project Description: The following presents a summary of the stormwater management system for the proposed Village Hill project located on the former State Hospital property off of Route 66 in Northampton. The current phase of the project proposes the construction of approximately 3,200 linear feet of roadway with associated utilities designed to serve future residential units within the north campus. The project also includes the construction of a bike path that will connect the properties to the west and east of the subject parcel. An analysis of full build-out of all phases of the Village Hill development was previously performed by Beals and Thomas, Inc. (B&T). The calculations and design were submitted to the City for approval as part of the Phase 1 Definitive Subdivision Plan application, dated November 20, 2003. The B&T calculations accounted for full development of the north and south campuses. This phase of the project will take place on the north campus and encompasses two primary drainage watersheds. The east watershed drains to an existing detention basin designed by B&T to handle full build out of the east portion of the north campus. The west watershed was modeled by B&T utilizing theoretical detention basins that were not constructed as part of Phase 1. This phase of the project includes the full design of a stormwater treatment system designed to treat for stormwater quality and attenuate peak flow rates for the 2-, 10-, 25-, and 100-year storm events to pre-development rates for the southwestern watershed area. Proposed Conditions: Stormwater runoff generated by the east portion of the development will be collected by a closed drainage system comprised of catch basins equipped with deep sumps and sediment trap hoods and will be routed to the existing detention Basin-4 (see B&T Stormwater Calculations). Stormwater runoff generated by the southwest portion of the development will be routed to a new detention basin; Detention Basin #3. The proposed stormwater management system is comprised of a closed drainage collection system, a stormwater treatment chamber, and a stormwater detention basin. The closed drainage system will utilize catch basin equipped with deep sumps and sediment trap hoods. The stormwater treatment system will treat the first flush runoff for water quality by removing suspended solids, oils, and other contaminants. The proposed detention basin will attenuate peak flows to pre-development rates, while providing further treatment through the use of a sediment forebay and low flow channel. Future land uses and the associated areas for the purposes of stormwater management where estimated using conservative assumptions. This was done to provide some flexibility for future phases. The assumed land use areas are included in the full Drainage Report. Post-development Peak Discharge Rates: The project was designed so that post-development peak discharge rates do not exceed pre-development peak discharge rates. Calculations were performed for the 2-, 10-, 25-,and 100-year frequency storms under existing and proposed conditions. See summary table below. Table 2. Peak Flow and Volume Summary Table 2-Year Storm 10-Year Storm 25-Year Storm 100-Year Storm Condition & 3.00" 4.50" 5.25" 7.00" Point of Analysis Peak Volume Peak Volume Peak Volume Peak Volume Flow (acre-ft) Flow (acre-ft) Flow (acre-ft) Flow (acre-ft) Rate cfs Rate cfs Rate cfs Rate cfs Existing 7.84 0.814 23.41 2.037 32.48 2.755 55.60 4.604 (DP-1)' Existing 20.53 1.808 46.12 3.861 60.07 4.997 94.06 7.815 (DP-2)- Page 1/1 See Full Stormwater Management Permit Application for Additional Information 7:018d The center of roadway shall coincide with the center of the right-of-way Requested Waiver: that the `Olander' centerline be slightly offset to approx. station 3+80,as the right-of-way transitions from 70' to 60' 7:01.9 250'Minimum centerline radius Requested Waiver: allow a 164' centerline radius along`Olander' 7:01.9 Intersections at 90 degrees Requested Waiver: that other than 90 degree intersections be allowed; those with greater than 1°variation are described below. These variations are proposed to remain consistent with the adopted master plan, accommodate existing and proposed lot lines/development potential and meet constructed intersections on Village Hill Road. Musante&Ford: 100.46° Village Hill&Ford: 92.18° Ford&Olander: 96.33° Moser&Olander: 83.64° Village Hill&Olander: 88.02°(constructed) Village Hill&Moser: 85.04° 7:07.2 Sidewalks shall be of cement concrete Requested Waiver: that sidewalks be constructed of bituminous concrete only where indicated on the plans,as these areas will be disturbed in a future phase of development,as per the master plan. 7:10.1,4 Tree belts shall be 7'minimum; no trees closer than 4'to pavement or curbs. Requested Waiver: that,in areas with on-street parking lanes,tree belts be no less than 5.5' in width with trees no closer than 3' to back of curbs. Village Hill Definitive Subdivision Plan List of Waiver Requests March 26,2007 Revised April 4,2007 6:04.1 Boring Logs Requested Waiver: that test pits logs be acceptable in lieu of boring logs and submitted directly to DPW for review as part of the City's Storm water Permit application. 6.04.2 Hydrology Study/Drainage Calculation Requested Waiver: that this report be submitted directly to DPW for review as part of the City's Stormwater Permit application. 6:04.9 Restrictive Covenants Requested Waiver:that these documents be submitted prior to the recording/re- recording of any lot. 7:01.4.b 100'Straight centerlines at intersections Requested Waiver: that less than 100' straight sections be allowed,and that O'sections be allowed where large radii meet intersection,as listed below.These variations are proposed to remain consistent with the adopted master plan, accommodate existing and proposed lot lines/development potential and meet constructed intersections on Village Hill Road Moser at Musante: 88.40' Musante at Moser:0'(2000'radius) Ford at Musante:0'(800'radius) Ford(west) at Village Hill:41.66' Ford(east) at Village Hill:65.88' Ford at Olander:0'(2000'radius) Olander at Moser:0'(904.61'radius) Olander at Village Hill(425.35'radius,constructed) 7.01.5 No Dead-End Streets Requested Waiver: Allow the construction of the network of streets,which exceed the 500' limit due to the grid style layout. Emergency vehicle access is available through an existing connector road(via easement)as well as Village Hill. 7:01.6 Typical Cross Section Standard Requested Waiver:that the proposed cross section,which consistently varies from the standard are adequately represented by the two typical cross sections shown (60' and 70' rights-of-way). 7:01.8b Roadway pavement width Requested Waiver: that all roadway pavement width be 22' (plus 8' parking lanes where indicated),except the portion of`Olander' to approx. Station 1+50 where 24' width is proposed/constructed. continued... Memorandum Page 5 of 5 April 4, 2007 b) The Definitive Plans shall show an additional bicycle/pedestrian connection in an east-west direction to connect from the open space on the east edge of the campus to the west boundary with the Community Gardens in a direct as possible manner. This should be by a 10' wide sidewalk along "Moser Street" across the property or a 10' paved path extending from the TRG path along"Olander" going west and cross-country to"Musante Drive". The bike path has been changed to the "southern"route, as requested by staff of the Office of Planning and Development. c) As part of the submission of the definitive plans, the applicant shall look at making a safe intersection of Prince/Burts Pit/"Musante"/Laurel Street. Three options shall be considered and one selected. They are: lining up"Musante"St with Laurel, closing Laurel between Prince and Rt. 66, or making Laurel a one-way street northbound and making "Musante"one-way northbound. DPW has indicated that they believe that the intersection should be a four-way intersection. Until such time as you complete a full analysis of Laurel and come back to the Planning Board with a proposal, your plans and the permit must show this design. Staff will recommend that the intersection improvements south of Prince Street/Burts Pit road not be completed until you request a building permit for the 50th new dwelling unit in the north campus (not including the 33 current units). Until that time, you are welcome to come back to the Planning Board with an alternative design for the intersection and the Planning Board will be happy to consider a revised intersection with an open mind. Please see response to Item#4. Memorandum Page 4 of 5 April 4,2007 b) No sanitary sewer study-because of bullet#1 above. This is a new design and new density configuration and increased #of lots. An abbreviated development impact statement has been prepared and submitted based upon excerpt from the Final EIR Summary. No new analysis/study is needed since the proposed density is still below EIR Full Build. c) No water info submitted -because of bullet#1 above. No fire flow data for the units planned/designed. An abbreviated development impact statement has been prepared and submitted based upon excerpt from the Final EIR Summary. No new analysis/study is needed since the proposed density is still below EIR Full Build. d) No assessment of public works costs based on linear road length (F). More roads than originally planned in EIR. An abbreviated development impact statement has been prepared and submitted based upon excerpt from the Final EIR Summary. No new analysis/study is needed since the length of roadway within the proposed Definitive Subdivision is less that what was discussed for the Full Build analysis in the EIR. e) No info on school impact based on unit size.—has changed since original master plan. An abbreviated development impact statement has been prepared and submitted based upon excerpt from the Final EIR Summary. The impact statement calculates the anticipated number of children that the project may generate. f) No information on traffic and proposed mitigation. They should carry over the special permit criteria for mitigation and show data from EIR. Unit configuration, phasing and density has all changed. An abbreviated development impact statement has been prepared and submitted based upon excerpt from the Final EIR Summary. No new analysis/study is needed since the proposed density is still below EIR Full Build. g) No lighting plan-only detail sheet. Not clear where the light poles are to be located—maybe I just missed something. Has been submitted. This was designed, but the data layer was accidentally turned off during plotting of plans. 11) Plan sheet G1- reference in lower left corner for match line is reversed. Has been corrected. 12) All details referenced on site plans should include reference to the detail sheet#and detail #. Detail references have been added to plans. 13) Detention pond has to be on its own lot. Village Hill Road detention pond is within an easement, and it is our intent to include the new detention basin within an easement as well. 14) Sheet T1 shows trees planted on west side of Musante at distance of 40'. These must be 30' The number of required street trees is calculated by the linear feet of roadway. The regulations appropriately do not stipulate the spacing of trees, since that would have detrimental effects on driveway and intersection design. The planting plan has been revised and the submitted plans do provide an average of one tree per 30 feet of frontage, as per the regulations. From Preliminary Conditions: a) Turning movements for the Fire Department ladder truck must be accommodated. Turns should be illustrated on definitive plans. This was not readily apparent. If they are on the plans, please put this on separate layout sheet. Turning movements are shown on the lightest"intersections. The revised plans augment the presentation and show the turning movements on additional intersections. Memorandum Page 3 of 5 April 4, 2007 connector to Burt's Pit Road. In the interim, the approach to the emergency access roadway from the north will be prominently signed as follows: "Emergency Access Only. Do Not Enter." 7) Bike Path: a) East-west connection is too circuitous. Either add the southern, off-road connection by DMH or add another connection on the east end of Moser st. If other bike path comments are addressed, we will schedule this for a public hearing for full discussion with the Planning Board. Staff will recommend that this item be corrected, consist with the master plan last approved by the Planning Board and consistent with the preliminary plan approval. This will most likely result in a delay as the public hearing will be continued. The bike path route has been altered to use the "southern"off-road bike path alignment, as requested by staff of the Office of Planning and Development. b) East end connection at end of Ford Crossing is in the future road layout of Olander Extension. This is not acceptable. You must show this route in a permanent location, not one that will require relocation. This connection is no longer part of the bike path route. c) is 10' gravel off road ok? Detail sheet should at least include a root barrier. Detail has been changed to include a root barrier. d) You should make an irrevocable offer of public dedication for all of the off road bike path connections to ensure that the trail is available at this stage, not some unidentified time in the future. Hospital Hill Development, LLC is committed to providing full public access on the bikeways and trails in perpetuity. Further, Hospital Hill Development, LLC is prepared to work with the City of Northampton to determine the most appropriate instrument by which to establish the public's right of access. e) You should make an irrevocable offer of public dedication for all of the land easterly of the developed section of the project excepting the detention pond. Without this dedication, the bike path and the open space is not available to be used and the master plan vision is not addressed. Hospital Hill Development, LLC is prepared to put in place a conservation restriction or other instrument as may be mutually agreeable to the City of Northampton and Hospital Hill Development, LLC to preserve and protect natural resources and public access in the area specified above(and other areas of the property unrelated to this Definitive Subdivision Plan) in perpetuity. 8) Please show all of the proposed lot lines. This is especially important for the single family home area. The proposed lot lines are not required, but will be accommodated/provided through the ANR process. The exact location and dimensions of the lots need to remain flexible until future marketing and design is accomplished for the individual lots. It is not prudent to create lots now that will have to change in the future. 9) Under sect. 290-22 the following items are not submitted: a) 200' abutters on surrounding lots OK-abutters have been shown in the revised application b) proposed monuments, control points are not in metric OK—has been shown in the revised application c) no table showing a list of every lot with the lot size and frontage OK-has been shown in the revised application 10) Under section 290-23, the following items are not submitted: a) Test pit logs/data and location of tests not submitted??? (waiver asked for pits instead of borings) OK—Locations of the test pits have been shown in the revised application. The waiver request has been revised so that logs can be submitted directly to the DPW as part of the stormwater permit. Memorandum Page 2 of 5 _April 4, 2007 1) Submission of all data required in section 290.22/23 is essentially not submitted and readers are asked to refer to the EIR. You are welcome to excerpt the required information from the EIR, but the information must be in the format called for in the subdivision regulations with enough copies for distribution to board members. Appropriate excerpts from the EIR are provided in the application. 2) Waiver request for stormwater information made based on need to submit a stormwater application to Department of Public Works. No statement as to when the stormwater application will be made and no copies of the application with soils data, runoff calcs etc has been submitted. We cannot schedule a public hearing until we have documentation that you have applied for the stormwater permit. The Stormwater Management Permit Application was submitted on April 4. 3) No waiver for creation of a dead end street. Dead-end streets are generally not permitted. The proposed Phase 2 streets are not dead end streets--each individual proposed street connects to another proposed street or the previously approved Village Hill Road. Nonetheless, as suggested by OPD staff, we hereby request a waiver for temporary dead end roadways that are included in this Phase 2 Definitive Subdivision Plan application. 4) Musante/Laurel St. Connection: From the cover sheet throughout the submission, Musante drive stops at the DMH line. There is no discussion anywhere of what is to become of it, how it might connect in the future, phasing plans, nor waiver requests. Musante (now Laurel) MUST be extended to Prince Street/Burts Pit Road. For the current Definitive Subdivision application, the existing roadway will function as(and be signed as)an emergency access point for the project until such time as the final design is approved by the Planning Board. Hospital Hill Development, LLC has an easement("Haskell Building Parcel Easement Area")from the Commonwealth for the use of"West Drive"as an existing, interim, and long-term future accessway for the Village Hill development site(see attached Exhibit C). Please also see Memorandum from Tighe & Bond entitled, "Reconfiguration Alternatives of Laurel Street and Burt's Pit Road"(April 3, 2007). Tighe&Bond, a prominent civil engineering and transportation planning/engineering firm, notes in this memorandum: "...Based on current information, it is hard to justify the proposed realignment given the low existing and future volumes and the very real possibility that realignment of the intersection could increase traffic volumes on Laurel Street, in contradiction of the Section 61 Findings. The Section 61 Findings provide traffic mitigation and guidance to channel traffic away from the sensitive residential areas and establish primary routes for access to the development. As improvements are planned and implemented on a local level, they must be carefully reviewed for their impact to the traffic patterns across the entire surrounding roadway network. Small localized improvements could potentially alter traffic patterns yielding unintended impacts in adjacent areas." Please also see response to#6, below. 5) Mustante must be renamed Laurel because the streets will be connecting We request that the name of the roadway be determined after finalizing the design of the future roadway with the Planning Board. 6) Sheet P3 shows some layout with parallel parking but not full blown street details with sidewalks, curbing, trees etc. P3 is the only hint about"traffic calming". If nothing else is discussed, then the intersection of Moser and Musante should be planned as a raised intersection. The intersection of Musante and Moser is currently planned as a right angle turn, and therefore will not require any traffic calming. Traffic calming measures will be incorporated into the final design of the The Berkshire Design Group, Inc. Memorandum To: Northampton Office of Planning and Development From: Mark B. Darnold, P.E. Copy: Robert Kaye, Mass Development Elizabeth Murphy, Hospital Hill Development LLC Tom Kegelman,The Community Builders Date: April 4, 2007 Subject: Village Hill Definitive Subdivision application Wayne: Thank you for detailing the additional information that the OPD staff would like to have included in the Definitive Subdivision application. Additional information has been filed which will fulfill the Definitive Subdivision application requirements on or before April 4a', so that the project can be scheduled for the next available hearing date. Following are responses to the e-mail which you sent on Thursday: From: Wayne Feiden [mailto:wfeiden @northamptonma.gov] Sent:Thursday, March 29, 2007 7:14 PM To: Murphy, Elizabeth; Kegelman,Tom Cc: Frandy Johnson; Carlos Nieto; Rick Klein; Jay Vinskey; Carolyn Misch Subject: Village Hill Subdivision We have completed our preliminary OPD staff review of the proposed Village Hill (formerly Village at Hospital Hill) Definitive Subdivision Plan. This is a preliminary review only and does not reflect OPD staff final comments nor those of any other City agencies. Additional information is required BEFORE we can schedule this for a public hearing. IF you can provide us with that information by Wednesday April 4th, we can schedule this for the Planning Board for April 26th. Otherwise, we will have to hold it for a future meeting. We are under clear direction from the Planning Board not to schedule items for public hearings that are clearly NOT ready to be acted on in one night. We have a covenant with applicants--give us an application that can be acted on in one night and we will move it through as quickly as possible. If the application is not ready, we will hold it to avoid unnecessary delays once it goes into the public hearing process. The following information is need to complete the application: Pagel of 5 4 � The Berkshire Design Group, Inc. April 4, 2007 Planning Board Northampton,MA 01060 RE: Village Hill Dear Board Members, Based on a preliminary review by OPD,enclosed please find(16)copies of revised plans,attached impact statements,updated waiver requests,costs and response to the March 29,2007 OPD email. For clarity purposes,please consider this package a complete revision and discard the previous plans and materials superceded by those enclosed. Specific plan revisions include: • Metric control points • 200' Abutters • Table of Lots/Frontage • Expanded Fire Truck turning movements(shown on 3.1 ,3.2) • Lighting(shown on 3.1 ,3.2) • Bike path re-location and detail revision • Planting revisions • Erosion Control Plan(2.0) • Miscellaneous drafting,plan re-numbering Note that`Musante Drive' right-of-way as submitted with this application does not connect to the property line of the Commonwealth of Mass.Parcel at this time. However,the plans do indicate construction of an emergency access from Musante Drive to connect to the existing easement and access drive to Landscape Architecture Burts Pit Road. This will provide a secondary access to Village Hill for emergency vehicles.A right-of-way cannot be transferred from the Civil Engineering Commonwealth of Mass.Parcel at this time. Enclosed is a memorandum prepared by Tighe&Bond consulting engineers,(dated April 3,2007)which Planning discusses the reconfiguration of Laurel Street and Burts Pit Road. Land Surveying We look forward to presenting this project to the Board at your next available hearing. If you have any questions regarding this submission or require additional information prior to then,please do not hesitate to contact our office at 413-582-7000. Sincerely, ;The Berkshire Design Gro c. r Mark B. Damold, P.E. Principal 4 Allen Place Northampton,Massachusetts 01060 Telephone(413)582-7000 Facsimile(413)582-7005 E-mail bdg@berkshiredesign.com 0 FTA]EI N C1?Y 0 F N i 7_ETAM T1 0 IN La NNING AND DEVEL I ChyHaff• 2io Main Street,,Room ii • Nort6amptonMAolo60-3193 (413,1587-11-6 - fax:537 -1204 lanning.org nv ampto�i plan ning.org wo wage Feiden Director NaXninq@nor6ampto;ip1 wmorLb AlStlil To: /Tony Patillo, Building Inspector Jim Laurila, DPW (2 copies) —Brian Duggan, Fire Chief —Captain Michael Wall, Police Dept. Ernie Mathiew, Board of Health From: Planning Department Re: Permit Application Review Please review and return the enclosed application(s) or additional information for either Planning Board or Zoning Board so we can advise the Boards of any concerns you may have. The tentative Meeting Date is: 2t1d Thursday 4"' Thursday of January July February August March September April V/ October May November June December Or other scheduled date: Please return your comments to Carolyn Misch.% Thank you. 9 a T �tortbamnpto is ianxiq�, oay� conserve,Liopi co�lvtmi5sion . zoning'car�ofappeais ecomomic development ,co;"Imunit"I 6illvel '0111ent•histor4c Jistyict commission •bistoyicalrcommi.ssion-mntyaj 6HSjqeS3 ayc�iiteCLWre .0 orjqi,ia1rj7 rim teal om mqcledpaper 31 C - 0 "*/- APRIL 4, 2007 - REVISED APPLICATION DEFINITIVE SUBDIVISION NORTHAMPTON, MASSACHUSETTS Prepared for: Applicant TCB Hospital Hill,LLC c/o The Community Builders 95 Berkeley St Boston,MA 02116 Owner Hospital Hill Development,LLC c/o MassDevelopment 33 Andrews Parkway Devens,MA 01432 Prepared by: The Berkshire Design Group,Inc. Landscape Architecture Civil Engineering Planning Land Swvepng 4 Allen Place Northampton,Massachusetts 01060 Phone(413)582-7000 Fax(413)582-7005