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06-064 (8) 34. The water service into the 3-unit structure must be an 1-1/2" line with individual shutoffs located outside of the building and each unit must have its own meter. 35. An additional hydrant shall be located on the common driveway between station 6+65 and the valve, so there is a hydrant located between every valve. 36. A hydrant needs to be installed on the water main loop between Grove Ave and the cul-de- sac. 37. If easements are needed to install the water main loop between Grove Ave and the cul-de- sac, then they must be obtained and recorded, prior to the start of construction. 38. The water line shall be located under the pavement of the common driveway. Easements for the water lines must be recorded prior to construction or landsale of this portion of the development. Landscaping: 39. The name and certification number of the arborist overseeing tree protection shall be submitted to Office of Planning and Development prior to the on-site pre-construction meeting. 40. Prior to pre-construction meeting, all construction tree protection measures as indicated on sheet 8 and 10 of plans shall be installed at the drip line of the trees on lot 1 B. Protection must be placed around those trees shown on sheet 8 and 10 plus any other trees within 20' of the right-of-way on this lot. 41. Orange tree protection shall be located on individual lots around the areas shown as"trees to be protected with some selective thinning determined by arborist". Trees may only be selectively cut upon approval by arborist and Office of Planning and Development review. No more than 10% of the trees in this area per lot shall be"thinned". 42. If trees within the protection zone are damaged during construction they shall be replaced at a rate of 1" per 1"caliper. 43. Four foot(4')tall evergreen shrubs shall be planted along the curvature of road to block headlights from the Yankee Hill condominium site east of the proposed road. These shall be located along the property boundary or within the planting strip from approximately station 1+21.52 to 3+00. Other: 44. Prior to final endorsement, mylars and all electronic submittals required in the subdivision rules shall be submitted with all revisions detailed in these conditions shown. 45. To offset waiver of 500' cul-de-sac, including maximum of 20 units served,four units shall be deed restricted to meet the affordability standards as spelled out in the zoning ordinance with a 99 year affordability restriction and count toward the City's 40B requirements. This deed restriction shall be recorded prior to the construction of the road if the restriction is for the existing apartment units. If the units will be dispersed elsewhere, the deed restrictions shall be recorded prior to issuance of the first building permit for the first new unit. 46. Logging vehicles shall not be allowed to enter the existing street network from Grove Ave or Chestnut Ave. 4 r Infrastructure: 19. Detailed tie cards (for water gates boxes and valves and sewer cleanouts)with a minimum of 2 measurements from building corners or set structures must be submitted to the DPW for review and approval prior to paving the roadway. 20. All conflicts between the location of light poles and underground utilities must be eliminated as determined by final review by Department of Public Works. Detention Ponds, Stormwater, Erosion Control and Open Space: 21. All detention ponds shall be constructed prior to road construction and shall act as erosion control devices during construction to prevent sediment from entering wetlands or the river. 22. DPW and OPD shall be notified once all erosion control barriers have been installed prior to any construction adjacent to those barriers. 23. Maintenance of all stormwater structures outside of right-of-ways shall be the responsibility of the owner's association. Maintenance shall be in accordance with those plans approved in the Department of Public Works stormwater management permit. 24. As offered by the applicant, all bikeways, trails, and open space are to be open for public access. Dedicated to the city. As offered the land shall be dedicated to the City. 25. All open space as offered in dedication to the city, shall be granted prior to any road construction. 26. Signs shall be posted for the bike path connector from the end of the cul-de-sac prior to and lot sale or issuance of the first building permit for house construction. The width of the trail shall be staked and flagged at the same time that signs are posted. 27. All stormwater collection/infiltration systems on individual lots shall be privately owned by individual owners or Owner's Association. 28. The bike path connector shall be maintained by the Owner's association and shall be so stated in the covenants.The required maintenance shall be stated in covenants shall include snow removal. Water: 29. Easement lines for the cross-country water line shall be shown and recorded prior to any lot sales. 30. The water line on Grove as proposed in the document to the Water Superintendent dated August 12, 2007 and detailed improvements as specified in the letter by Gary Swanson, P.E. to David Sparks, must be constructed and completely operational before the first occupancy permit can be issued for this project. Subdivision approved only based on ability to serve with public water from water line upgrade. 31. A gate valve shall be installed at the main at the intersection with Chestnut and on the main as it crosses into the development. 32. The existing waterline on Evergreen is shown as a 6"where the proposed tie-in will occur. In fact, there is an 8"section of pipe on Evergreen at its intersection with Chestnut. Plans should be revised to show this. 33. The waterline needs to be a minimum of 3'from the side of a catchbasin with insulation around the pipe or 4'from the catchbasin, without insulation. Water Dept will waive the 10 separation between water and sewer as long as there is an 18" horizontal separation between the two utilities. 3 r and taxpayer identification (appearing first), prior to the first lot sale as an assurance that the OA will perform required capital improvements and/or maintenance. Funds withdrawn by the OA require a signature by Planning Board agent after approval by the Board. Funds withdrawn for such improvements shall be replaced by the OA through assessments as to be spelled out in the OA covenants, within three (3) months so that the$12,000 base is permanently maintained. The City may draw on this account, without signature of the OA, if it determines that required capital improvements, maintenance, or inspections are not being performed. The Permanent Covenants must clearly state that the City will have a right to place a lien on any or all properties within the subdivision or shall provide some other equivalent, in the opinion of the Planning Board, level of protection for the city, in order to recover the cost of maintenance for stormwater facilities. 8. Prior to the construction of the road, the applicant must record all covenants. The covenants shall not require financial payment from the owner of the open space areas to be dedicated to the City. 9. All maintenance of the roadway infrastructure and sidewalks will be the responsibility of the OA until and only if such time as the City accepts the streets. Snow removal on sidewalks is the responsibility of the owners or owners' association and shall be part of the covenants. This includes the paved walkways bordering and within the open space. City makes no representation that it will accept said street. Roadway. Traffic& Pedestrian Safety: 10. Sidewalks shall be continuous with no breaks for curb cuts. All driveway entrances shall be constructed so that traffic"ramps up" to sidewalks. 11. Sheet 18 detail for the wheelchair ramp must be changed to the correct label indicating that it will be cement concrete, not bituminous. 12. As offered by the applicant and to meet the traffic mitigation requirements, a payment-in-lieu of physical improvements to-the street network shall be made in two equal payments totaling $50,000. The first$25,000 shall be made prior to the issuance of a building permit for the 11 th new residential unit. Subsequent payments shall be made upon certificate of occupancy for every 2"d additional unit in the amount of$4,000 up to the completion of the 25th and final unit Any alteration in the number of units to be constructed by the final buildout must be reevaluated and final obligation of traffic mitigation is based upon an offer of$2,000/unit. 13. Prior to issuance of BUILDING PERMIT for 11th unit the applicant shall submit a follow up traffic survey of impacts of the development 14. The island at the center of the cul-de-sac shall be owned and maintained by the homeowners association and should be so stated within all legal homeowner's association documents. 15. The applicant must reach a written agreement with the DPW as to the numbering of the housing units to be located off of the common driveway. 16. Driveways must be graded to sheet flow to individual sites and not to the roadway to the extent feasible for each lot. 17. Yield signs on the northbound and southbound approach of the intersection of Chestnut and Evergreen shall be installed in accordance with MUTCD. Sanitary Sewer 18. Prior to connection to City sanitary sewer lines, the applicant must receive approval from Massachusetts DEP for sewer line extensions and said approval must be submitted to DPW prior to any request for sewer availability to tie-in to the City sewerage system. 2 PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON planning•conservation•zoning•housing partnership•redevelopment•northampton GIS economic development•community development•historic•community preservation•central business architecture ■ i 413-587-1266 ns,in Attachment 1 Beaver Brook Estates Waivers Granted Mitigation/ Waiver off-set 1.290-29(D-1) Radius reduction As shown on Traffic calming/allows from existing street final plans maintenance of existing intersection and lower-cost units. proposed street intersection 2. straight line for 100' Proposed Traffic calming/allows from intersection —30' existing units to be saved 3.290-29(G) Street design Less Proposed To enable existing than 60'wide right- 55'with 5' apartments to remain of-way for - easement 4.290-29(E-2a) Length of cul-de-sac Proposed Could construct the same more than 500'and 913' number of units with 500' more than 20 units length. 4 units of served affordable housing created.Significant open space preserved. 1. No other waivers have been approved. Except as waived herein, all aspects of the subdivision, including construction materials and methods, easements, inspections, plans, and process, shall conform with the Northampton Subdivision Regulations. 2. As required in the subdivision rules an on-site preconstruction meeting shall be held prior to any road construction or clearing for construction. 3. No mylars may be signed for recording until all stormwater management plans and required documents have been granted by the Department of Public Works. 4. No mylars may be signed until plans have been amended to reflect necessary changes in the conditions herein and to reflect Department of Public Works stormwater management issues. Covenants: 5. Prior to endorsement of the definitive plans, a performance guarantee that conforms to Northampton Subdivision Rules and Regulations Chapter 290§25-c must be posted. The developer may place a covenant not to sell lots or, in lieu of placing a covenant, post a Letter of Credit in accordance with the standards in the Regulations. If a Letter of Credit is posted it must be in accordance with the Regulations, two lots must still be covered by a covenant not to sell, must be adequate to cover the costs of the city completing the project, at prevailing wages and with a 20% inflation/contingency factor, and the Letter'may not be reduced below$100,000 until the project is complete and has been accepted as such by the Planning Board. 6. Final construction quantities for improvements shall be submitted for review and approval by Department of Public Works and Office of Planning and Development prior to approval of financial guarantee. 7. A$12,000 escrow account shall be established with the City Treasurer in'accordance with established policies of that office.The account will utilize the Owners'Association (OA) name City Hall • 210 Main Street,Room 11 • Northampton,MA 01060•www.NorthamptoriMa.gov • Fax 413-587-1264 original printed on recycled paper K PLANNING AND DEVELOPMENT • CTTY OF NORTHAMPTON J �► planning•conservation•zoning•housing partnership•redevelopment•northampton GIB economic development•community development•historic•community preservation•central business architecture ■ Carolyn Misch,AICP,Senior Land Use Planner•CMisch @NorthamptonMA.gov•4IM87-1287 eta FORM F September 28, 2007 Date NOTICE OF DEFINITIVE SUBDIVISION APPROVAL To: City Clerk The Planning Board on September 27, 2007 APPROVED�L-_O with Conditions {see attachment 1} the following subdivision plan: Name or description: Beaver Brook Estates New street names: Chestnut Street(Extension) Submitted by: Beaver Brook Nominee Trust Address: 150 West 56th St, Apt 5905, New York, NY 10019 On September 272007 pending termination of the statutory twenty day appeal period. Signed Chair,, lore mpton Planning Board This vote of the Planning Board is duly recorded in the minutes of their meeting. C.C. Applicant Police Department Building Inspector Board of Assessors Board of Public Works Register of Voters Fire Department File Board of Health Conservation Commission After twenty(20)days without notice of appeal, endorsed blueprints, if approved, will be transmitted to: Applicant— 1 mylar Register of Voters 1.print City Engineer— 1 mylar Police Department—1 print Assessors- 1 print Fire Department-- 1 print Bldg. Inspector- 1 print File— 1 print City Hall • 210 Main Street,Room 11 •Northampton,MA 01060 •www.NortharnptorLMa.gov • Fax 413-587-1264 original printed on recycled paper t capacity as documented in the approved drainage calculations. If after construction of the proposed basins, the basins are found to hold water for an extended time period after storm events so that the volume capacity of the basins has been reduced from that specified in the drainage calculations, the owner shall redesign and reconstruct the drainage system to meet the requirements of the Northampton Stormwater Management Ordinance. 9. All detention basins, swales, outlets, and other non-piped components of the proposed stormwater system shall be constructed as proposed and stabilized prior to receiving drainage flows from the proposed development. 10. Prior to issuance of any certificate of occupancy, the proposed roadway and gravel interior road for the development shall be constructed as proposed and conditioned by this permit, and all land adjacent to the interior road for the development shall be stabilized and vegetation established. 11. The applicant has not supplied adequate information to confirm that the proposed stormwater management system meets the requirement that the annual recharge from the post-development site approximates the annual recharge rate from the pre-development site conditions. Within 60 days of the issuance of this permit and prior to the start of construction, the applicant must submit information documenting compliance with this requirement to the satisfaction of the DPW. Signature of City Engineer Date cc. Planning Board c/o Office of Planning and Development Building Department Conservation Commission c/o Office of Planning and Development \\smhl\enginecring',,Stormwater Permits\Stornmmcr Permits\Permits new Rd Beavcr Brookdoc Page 4 44 for maintenance of all components of the proposed stormwater management system must be adequately specified in Attachment A to this Agreement. This agreement shall be approved by the Northampton DPW and signed by the owner and the Mayor of Northampton. Section 22-85 of the Northampton Stormwater Management Ordinance provides additional guidance for the requirements of this agreement. 2. This project will be required to submit one or more Notice of Intent (NOI) to the U.S. EPA for coverage under the NPDES Stormwater Construction General Permit. A copy of the final NOI and Stormwater Pollution Prevention Plan (SWPPP) shall be submitted to the Northampton DPW for approval prior to the start of construction and prior to issuance of a building permit. 3. Prior to issuance of any form of occupancy permit for the first dwelling, the applicant must provide drainage easements for all drainage structures on private lots that stipulates ownership, specify responsibility for maintenance of these structures, and sets up provisions for financial guarantees to maintain these structures. The DPW must review and approve all proposed drainage easements prior to recording at the land records of the Registry of Deeds. 4. Within 60 days of the issuance of this permit and prior to the start of construction, the applicant shall submit revised plans that correct any inconsistencies or errors to the satisfaction of the DPW, including, but not limited to: a. Clear definition on the plans of which catch basins are leaching and which are connected to the stormwater system. b. Elimination of the drainage stub in the cul-de-sac as shown on Plan Sheet 8. 5. The plans and specifications approved by this Permit include roadways and conceptual impervious surface areas for site development. During Building Permit applications for individual lots and buildings, the applicant must submit documentation to the Northampton DPW of the proposed drainage and the proposed impervious surface footprint of the site. if the overall size of the impervious surface footprint proposed for each lot is greater than the area specified in the approved plans and drainage calculations or if the drainage system is changed in a substantive way, the applicant shall be required to request and receive approval by the DPW of an amendment to this Stormwater Management Permit and document the amended changes with revised plans and drainage calculations. 6. The proposed stormwater management system is designed to mitigate peak stormwater flows. If, after construction of the proposed system, the system is found to increase stormwater flows to adjacent properties, the owner shall redesign and reconstruct the drainage system to prevent any increased stormwater flows to adjacent properties. 7. The proposed interior road for the development has been specified as 15 foot wide with a 4" crushed stone surface. Any change of the surface or grading of the driveway as specified in the approved plans shall require an amendment to the Stormwater Management Permit approved by the Northampton DPW. 8. The proposed Northern Detention Basin, forebay, and five smaller basins adjacent to the proposed interior road for the development have been designed with a specific volume \\Smbt\engineering"skn.mwatcr Permits\stormwater Permits\Permits new appficalions`,L'vcrgrcen Rd Beaver Brook.doc Page 3 of 4 i 1 revised 9/13/2007, by Heritage Surveys, Inc, stamped by Richard P. Weisse, P.E., Heritage Surveys, Inc. b. Drainage Calculations, Beaver Brook Estates, Evergreen Road, Northampton, MA, Revised September 4, 2007, stamped by Richard P. Weisse, P.E., Heritage Surveys, Inc. c. Soil Testing Logs and Percolation Test Results performed by Peter J. McErlain for Heritage Survey, Inc., conducted on August 1, 2007 and submitted as part of Relocated Basin Revised Drainage Calculations, Beaver Brook Estates, Evergreen Road, Northampton, MA, Revised August 2, 2007, stamped by Richard P. Weisse, P.E., Heritage Surveys, Inc. d. Soil Testing Logs and Percolation Test Results performed by Peter J. McErlain for Heritage Survey, Inc., conducted on May 10, 2007 and submitted as part of Drainage Calculations, Common Driveway Project, Parcel C, Beaver Brook Estates, Evergreen Road, Northampton, MA, Dated June 14, 2007, stamped by Richard P. Weisse, P.E., Heritage Surveys, Inc. 2. The Northampton Department of Public Works (DPW) or its authorized representative shall be provided access to the property to conduct inspections before, during, and after construction activities as necessary. The applicant shall arrange with the DPW to schedule the following inspections: Initial Inspection, Erosion Control Inspection, Bury Inspection, and Final Inspection. The DPW may also conduct random inspections to ensure effective control of erosion and sedimentation during all phases of construction. 3. At the completion of the work, including construction of stormwater management facilities and landscaping, the applicant shall submit a statement to the DPW from a professional engineer of record in the Commonwealth of Massachusetts certifying that the materials and construction of the stormwater management system was constructed in accordance with the approved plans and will function as designed. All changes to the approved stormwater facilities shall be documented by a professional engineer of record in the Commonwealth of Massachusetts and approved by the DPW prior to submission of the certification statement described above. 4. Annual Reports that are stamped by a Registered Professional Engineer documenting the actions completed as required by the Operation, Maintenance and Inspection Agreement shall be submitted to the Northampton Department of Public Works by October I" of each year (see Specific Condition 1 below). 5. If construction of the proposed stormwater system has not started within five years of the issue date of this permit, then the permit will expire and a new permit will be required. Construction is defined as clearing, grading, excavation, filling, and installation of drainage structures on the lots specified in this permit. Specific Permit Conditions: 1. Prior to issuance of a Building Permit, the applicant shall record an executed Stormwater Operation, Maintenance, and Inspection Agreement that is binding on all subsequent owners of land served by the private stormwater management facility by recording A in the land records of the Registry of Deeds. The maintenance schedule and responsibility \\Smbl\engineering\Stormwater Permits\Stormwater Permits\Perm its_new app Iications\Evcrgrcen Rd—Beaver Brook.doc Pagc 2 of 4 • ;r w STORMWATER MANAGEMENT PERMIT �nn APPLICATION DECISION -- - City of Northampton Department of Public Works Project/Site Name: Beaver Brook Estates ' Project Street or Location/ Assessor . ` Applicant Name: Patrick J. Melnik Applicant Address/Phone: 110 King Street Northampton MA/413-584-6750 Owner Name: _John J. Hanley Trustee—The Beaver Brook Nominee Trust Owner Address/Phone: 150 West 56th Street Apt. 5905 New York, NY 10019 Application Submission Date: 4/12/2007 THE FOLLOWING ACTION BY THE NORTHAMPTON DEPARTMENT OF PUBLIC WORKS HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFORMATION PRESENTED: Disapproval of the Stormwater Management Permit Application based on a determination within seven days of the receipt of the application that the application is administratively incomplete (see attached documentation). Approval of the Stormwater Management Permit Application. X Approval of the Stormwater Management Permit Application subject to any conditions, modifications or restrictions required by the Department of Public Works (see below) Disapproval of the Stormwater Management Permit Application based upon a determination that the proposed plan, as submitted, does not meet the purposes set forth in the Northampton Stormwater Management. Standard Permit Conditions: 1. All clearing, grading, drainage, construction, and development shall be conducted in strict accordance with the following plans and information submitted with the application and as amended by any conditions attached to this permit: a. Beaver Brook Estates, Northampton, Massachusetts, Sheets 1, 2, 3, 4, 5, 6, 7, 11, 12, 13, 14, 15, 16, 17, 18, and 20 Revised 8/2/2007 and Sheets 8, 9, 10, 15, and 19 \\Smbl\engineering\Stormwater Permits\stormwater Permits\Permits new applicationsTvergreen Rd Beaver Brook.doc Pagc I of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 246-495 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------------------- To: Northampton Conservation Commission Please be advised that the Order of Conditions for the Project at. Haydenville Road 246-495 Project location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page fo r: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Wpaform5.doc•rev.4117102 Page 6 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of ResouFce Protection -Wetlands WPA Form 5 - Order of Conditions 246-495 \ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Conservation Commission Wpaform5.doc•rev.4/17/02 Page 5 of 7 Massachusetts Qepartment of Environmental Protection DEP File Number: 6 Bureau of Resource Protection -Wetlands 246-495 WPA Form 5 — Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. April 17, 2002 Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and the property owner(if different from applicant). Signatures: On Eleventh Of April, 2002 Day Month and Year before me personally appeared the above-named to me known to be the person described in and who executed the foregoing instrum . i �d•�j:���'•.'.. acknowledged that he/she executed the same as his/her free act and deed. �� tI- Notary Public My C mmission Expires d• * �1a a'*L�, �~ s } MASS r- •' 1 This Order is issued to the applicant as follows: n�, ❑ by hand delivery on ® by certified mail, return receipt requested, on April 17, 2002 Date Date Date sent to DEP: April 17, 2002 WPA Form 5 Page 5 of 7 Rev.02/00 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 246-495 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP Findings as to municipal bylaw or ordinance Furthermore, the Northampton Conservation Commission hereby finds (check one that applies): Conservation Commission ® that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Northampton 24:1-15 Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. *See Below ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. * Additional conditions relating to municipal ordinance or bylaw: Because this plan does not address impacts to species of concern and wetland species affected by the road which crosses the large wetland that is parallel to Route 9 and because the applicant has altered the plans significantly since this filing, the Commission orders that no work may commence under the above described Notice of Intent. Wpaform5.doc•rev.4/17/02 Page 3 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of ResouFce Protection - Wetlands WPA Form 5 - Order of Conditions pro-49 by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ❑ Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ❑ Groundwater Supply ® Storm Damage Prevention ❑ Flood Control Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ❑ the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ® the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Wpaform5.doc•rev.4117/02 - Page 2 of 7 a Massachusetts Department of Environmental Protection �(_ DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Provided- b by Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling From: out forms on Northampton ��, the computer, Conservation Commission IT: r2­1 use only the tab key to This issuance if for(check one): ' move your cursor- do ® Order of Conditions not use the - return key. ❑ Amended Order of Conditions i _. an To: Applicant: Property Owner (if different from appi-25n Beaver Brook Nominee Trust (John J. Hanley) Name Name 150 West 56th Street, Apt. 5905 _ Mailing Address Mailing Address New York NY 10019 City/Town State Zip Code City/Town State Zip Code 1. Project Location: Haydenville Road (Rte. 9) Northampton Street Address City/Town Map 5 & Map 6 Parcels 6 7 & 12 & Parcels 18, 19, 20, 21, & 58 "Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Hampshire 5493, 5869, 5917 23, 6, 206 County Book Page Certificate(if registered land) 3. Dates: October 4, 2001 April 11, 2002 April 17, 2002 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Beaver Brook Estates Northampton MA, Prepared for John. J. Hanley, Trustee September 14, Title 2001 The Beaver Brook Nominee Trust, Sheets 1-3, 10-21, & 26-36. Title Date 5. Final Plans and Documents Signed and Stamped by: Richard P.Weisse, P.E. & Bruce A. Coombs, P.E. Name 6. Total Fee: $456.25 (from Appendix B:Wetland Fee Transmittal Form) wpaform5.doc•rev.4/17/02 Page 1 of 7 A Massachusetts Department of Environmental Protection t Bureau of Resource Protection -Wetlands LI WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see Attachment) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc•rev.311/05 Page 5 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. *016AyrlOTbtJ Ulc"TL,A D5 69 DW(L +45 Name I Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on r by certified mail, return receipt requested on _ 49 AV(Ngr a015- Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Attachment) and the property owner(if different from the applicant). natures: V VJ QJ J1 i Date wpaform2.doc-rev.311/05 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ® 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•rev.3/1/05 Page 3 of 5 r Massachusetts Department of Environmental Protection + Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc•rev.3/1105 Page 2 of 5 e Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicab� ft, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 UIG 5 1 2,'Q 5— A. General Information Important: When filling out From: forms on the Northampton computer, use only the tab Conservation Commission key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the John Hanley and Patrick Melnik return key. Name Name 110 King Street Mailing Address Mailing Address Northampton MA 01060 City/Town State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Build Out and Open Space Plan for Beaver Brook Estates 04/13/20055 Title Date Multi-family Development Plan for Parcel 24 07/27/2005 Title Date Title Date 2. Date Request Filed: 04/15/2005 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Construction of: two multi-unit buildings off of Route 9 as a stand alone cluster, six houses with frontage on Route 9 with common driveways, a 19 unit cluster and utilities, two storm detention basins, two common driveways, a bikepath connector, and removal of a building located at 28 Evergreen Road Project Location: Route 9 and Grove Avenue Northampton Street Address City/Town 005/006/011A 6,7,12/ 19,20,21,58,61/003 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev.3/1/05 Page 1 of 5 WRIT` EE SURVEYS, INC, Professional Surveyors and Engineers College Highway & Clark Street Post Office Box 1 Southampton, Massachusetts 01073 Bruce A. Coombs, President Telephone (413) 527-3600 Professional Surveyor, MA, CT& VT Facsimile (413) 527-8280 E-mail: bruce@, eritagesurveys.com Website: heritagesurveys.com February 6, 2002 City of Northampton Plannin g Board1 210 Main Street—City Hall { Northampton, MA 01060 6 ;„ `` its � �° n � h+^.f+,,n i� y j RE: Beaver Brook Estates Amended Preliminary Subdivision Plan CLERKS �FFlCE MA 01060 Grove Avenue & Evergreen Road Northampton, MA HSI Job #3923-980831 Dear Planning Board Members: We are re-submitting sixteen (16) prints and seven (7) 11"x17' reduced scale prints of a plan entitled, Amended Preliminary Subdivision Plan, sheet 1 of 1, dated January 23, 2002, revised February 4, 2002, prepared for Beaver Brook Estates, Northampton, Massachusetts, as a result of a meeting between Wayne Feiden, Carolyn Misch, William Cannon and myself to clarify the lot layout requirements. In the planning staff review of the plan dated January 23, 2002 there were questions as to the proposed lot layout show on this plan. The definition of Lot Layout within section 2.0 states, "In addition to the minimum lot area, depth, width and frontage requirements, lots shall be laid out in such a manner so that a square, with sides equal to the minimum frontage requirement for the zoning district in which it is located, can be placed within the lot with at least one point of the square lying on the front lot line with no portion of the square extending beyond the boundaries of the lot." After clarification of the definition a revised plan was created, which is the plan dated February 4, 2002, being submitted with this letter. The plan dated February 4, 2002 now meets the lot layout definition and the lot depth requirement as stated within the Zoning Ordinance. The revised plan now shows forty-nine (49) lots, as an Open Space Residential Development. We are submitting a copy of this letter along with the revised plan dated February 4, 2002 to the Northampton City Clerk for their files. Please contact this office if you should have any questions or comments relative to the above. Sincerely, Mark P. Reed cc: The Beaver Brook Nominee Trust Y:LETTEPFILE/PLANNING/3923 PRERE2 � �k1AMp 1( City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street t Northampton, MA 01060 • 41 S` 4 FAX 413 '? — O,?6 t/ D • Community and Economic Development �� • Conservation •Historic Preservation • Planning Board •Zoning Board of Appeals FEB 152002 • Northampton Parking Commission TO: Anthony Patillo, Building Ins ctoropj Qf BU`tL`�Sv NQ'�r�� udMPTON k'� RE: Permit application FROM: Angela. Dion, Board Secretary/OPD DATE: el X" Would you please review and return the enclosed application before the #lannin6g Boa oning Board of Appeals meeting scheduled for � so that we can advise the Boards of any concerns you may have. Thank you.