05-028 (8) i
DECISION OP
• 114JiTilflltPT0N Z0NjfiQ_@2/1RD OP AeUBLB
1
At a meeting held on November 15, 1999, the Zoning Board of
Appeals of the City of Northampton voted UNANIMOUSLY to GRANT
the Application of Berkshire Electric Cable Company for a
Special Permit under the Provisions of Section 14.1 of the
Northampton Zoning Ordinance, and Site Plan Approval under
the Provisions of Section 10.11 of the Ordinance, all
relative to the proposed construction of a 78' x W addition
to an existing building owned by the Applicant on River Road.
Leeds, Present and votingiwere Chairman Robert C. Suscher,
Ur, Peter Laband, and M. Sanford Weil, Jr.
The rindiy , re as follods:.I,�Il I'
i,u .,.-rI".
As to the Special Permit request&
Section 14.7 of the Ordinance allows the structure and use
proposed by the Applicant in the Watershed Protection
District.
The requested use bears a positive relationship to the
public welfare by Insuring that potentially harmful
materials are kept out of our water supply and streams.
Marginal Reference: The requested use will not create undue traffic congestion
Book 1209, Page 84 or unduly impair pedestrian safety.
The requested use will not overload any municipal systems.
The requested use will not unduly impair the integrity or
character of the district, nor will it be detrimental to
the health, morale or general welfare. The use will be
In harmony with the general purpose and intent of the
Ordinance,
As to Site Plan Approvals
r
The Board found that a proper locus plan has been ..
submitted.
The Board further examined all the criteria not forth In
Section 10.11(4)(b) 1 through 18, and found that they had
all been met or properly waived.
An estimated peak-hour traffic projection is not required.
NORTHAMPTON ZONING BOARD OF APPEALS DECISION
BERKSHIRE ELECTRIC CABLE COMPANY
SPECIAL PERMIT AND SITE PLAN APPROVAL REQUEST
PAGE TWO
The Board further reviewed the criteria set forth in
Section 10.11(5)(A),(B), (C), (D) and (E), and found that
all the Review/Approval criteria therein had been met. I
I
I
1
Robert C. 6"cher, Chairman
I
1� Dr. Pater Laband s
l �4 M. San[ rd Wail, Jr.
to
Rec Ived 01 City Cferk'l Office
�/ RTHAMPTON, SS.
Dot $'y
Tim 1
CERTIFICATE OF CITY CLERK December 12, 1989
I, Adeline Murray, City Clerk •of,the ,City of Northampto ton Zo ,
I
hereby certify that the above Decision of the Northam n
P � 9
Board of Appeals was filed in the Office of the City Clerk 0
November 21, 1989, that twenty days have elapsed since such I
filing and that no appeal has been filed in this Wter. I
Attest: " �3X�
define Mu
City Clerk
City of Northampton
� 1-1995 10 1 P1 FRi H F.EF'i =Hi=:E ELE�_T, E
3. The work described below, which includes ail/part of the work described in your request, is within
the Buffer Zone as defined in the regulations, and will alter an Aroa Subject to Protection Under
the Act, Therefore, said work requires the filing of a Notice of Intent,
This Determination is negative:
1. The area described in your request is not an Area Subject to Protection Under the Act.
i
2. -Z The work described in your request is within an Area Sut: ect 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 E
i
Notice of Intent.
i
3 _ _ThP ',york i°5Clttwa in Your request is witnrrn the Buffer Zof)P..25 defer?ed in the regulations, btlt will
not after an Area Suolect to Protection Under the Act. Therefore. said work does not require the
filing of a Notice of Intent.
4, The area described in your request is Subject to Protection Under the Act, out 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
Northatt�ton
Issued by ..______Conservation Commission
Signatures)
This Determination must be signed by a majority of the Conservation Commission.
On this 16th day of Y__. October _- 19 89 before me
pers>Jn airy apPe"dred_-- '°�iii verr i�r : __. to me known to'be The _
person described in, and who executed, the loregoing instrument, and acknowledged that he/she executed
the same as his;her free act and deed. WAYNK M.t*RIOCF1
NOtARY 'ufLIQ
.1 ' , _"«
Notary Public My commission expires
This Deterf++ination Coes not rAlieve the aDoticarlt from comolrrng wirh all other acoi"ble federal,state or local statutes.ordinances.
by-taws or r"uiauons.This Determination snal be vai d for three years corm the date a Issuance
The applicam,the owner,any person aggti"c Dy this Determination,any owner of lan6 abutting the land upon whiCh the proVOW worn
Is to be done,or any ten resio"tt of the ciry or town in which Such land is Iorcate-a are nersoy notified of their right to request Me Depar.
men:of Environmental Ouatiry Engineering to issue a Superaedtng Deterrnmainon of Aooiicabtlity,providing tr!e request is rnxae oy car•
t hod maii or nand delivery to me Department,wKh the aooronnale tiling fee and Fee T arivrinai Form ab prp,ndeo in 310(;MP 10.03(7),
wtrnm ten day&from ine Cate of issuance of v„s Determination.A copy of the requeV snarl at the(:Brno time be sent by certthed marl or hand
aeiivery to the Conservation Comm scion and the applicant.
2.2A
310 CMR 10.99
Form 2
DEQE Fee tvc. 1246•
Commonwealth C cv Town
Northampton
'^+ of Massacnusen" Berkshire Electr c Cable
pv canl
' MAP # 05 PAP.CEL# 028,�y
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
From NORTHAMPTON CONSERVATION COKMISSTON _ Issuina Authority
To Berkshire Electric Cable. _ Trustees of the Audubon Company
Name of person making request. (Name of aroperty owner!
River Road
Address Leeds, MA 01053 Address Same
This determination is issued and deiiverec as foilows:
by hand deiivery to person making request on !date)
by certified mail, return receipt requested on October 17, 1.98a (date)
Pursuant tr the authority of G.L. c. 1 31 . §4p, the Northampton. Conservation commission
has considered your request for a Oeterm,nahon of Appficsoility and its suctioning documentation, and has
made the following aeterminaticn (CnecK. whicnever is applicacle):
This Determination is positive:
1. Z The area Cescribed beicw, whiCn includes atlipar,of the area described in your request. is an Area
Subject to Protection Under r,? Thereiore, any removing, filing, orecging or aitering of that
area requires the filing of a Ngt,ce of Intent,
2. = The work described below, which includes aii,,part of the work described in your request. is within
an Area Suoject to Protection Under the Act and will remove, fill. dredge or alter that area,There-
fore, satd work requires the tiling of a Notice of Intent.
Effective 8/1/89
2-t
D'd tL1�, P 01 372H:) 'i=.173 I,J 0T S66T-Tip-G,0
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If you have any questions, please feel free to contact this office.
Very truly yours,
ALMER HUNTLEY, JR. & ASSOCIATES, INC.
Scott Weyandt
REVIEW AND CONCUR:
Mark B. Darnold, P.E.
SW/MBD/jbc
cc: John B. Howard, Esquire
Berkshire Electric Cable Company
ALMER HUNTLEY, JR., & ASSOCIATES, INC.
SURVEYORS - ENGINEERS - LANDSCAPE ARCHITECTS
ALMER HUNTLEY, Jh. & ASSOCIATES, INC. ALMER HUNTLEY,JR., PE., PLS
SURVEYORS • ENGINEERS • LANDSCAPE ARCHITECTS DOUGLAS W. THOMPSON, PLS
30 INDUSTRIAL DRIVE EAST/ P.O,Box 568 1 NORTHAMPTON, MASS, 01061 WILLIAM R. GARRITY, LA
(413)584.7444 FAX (413)586.9159 JOHN G. RAYMOND, PE
PAUL R. LUSSIER, PLS
October 16, 1989
City of Northampton
Northampton Conservation Commission
City Hall
210 Main Street
Northampton, MA 01060
Attn: Mr. Wayne Feiden
RE: Berkshire Electric Cable
Proposed Building Addition
Dear Commission Members:
Concerning a Request for Determination of Applicability submitted to you during
the week of September 25, 1989, for the above-mentioned project; we Offer the
following comments:
I. From the FEMA flood maps, the 100-year flood elevation at the building addi-
tion site is 366.3+ feet. The FEMA flood map indicates that the flood zone
extends close to the site. Detailed topography was performed and it was
found that the existing/proposed ground elevation is 1 foot to 2 feet above
this elevation. It is therefore our opinion that the addition is not within
the 100-year FEMA flood zone as defined by elevations shown on the FEMA flood
maps.
2. From the detailed topography in the area of the addition, it appears that the
100-year flood waters will not cross River Road for a considerable distance
past the location of the proposed building site. Since the front setback is
65 feet , it is our opinion that the project site is outside the limits of the
40 foot flood plain buffer area.
3. From the site plan for the proposed addition, it can be seen that the build-
ing will be built essentially at grade. The existing drainage patterns will
be maintained and slopes are reletively flat in the construction area. This ,
combined with only minor amounts of grading, indicates that any erosional
effects will be minimal. Although the proposed rooftop will tend to increase
peak rates of runoff, its relatively small size (0.065 acres) and the exist-
ing condition of the site (semi-impervious hard-packed gravel) will tend to
make any changes in peak design flow rates negligable.
_Comment 413 revised to show area of rooftop equal to .065 acres versus .65
acres on original letter.
Patillo
3 October 1996
Page 2
Because the damaged shed roof is located even further from the Mill
River than the aforementioned building addition, it would appear
that Huntley' s opinion and the Commission's determination would
apply to this portion of the Berkshire Electric Cable building as
well.
Inasmuch as the proposed work is limited to rebuilding a small
portion of the building destroyed by natural disaster, it would
appear that this project falls under Section 9. 3 (1) (C) of the
Northampton Zoning Ordinance, and is allowed by right.
If you have any questions, please feel free to contact this office.
e tr yours
John . H r
JBH:mal
Enclosures
Items 1-3
cc: Berkshire Electric Cable Co.
Northampton Office of Planning and Development
159XTLB2.003
John B. Howard
Attorney at Law
39 Main Street
Northam ton Massachusetts
8090-3132
Telephone 413-584-3605
Facsimile 413-582-9043
3 October 1996
VIA HAND DELIVERY TO:
Anthony L. Patillo, Building Commissioner
City of Northampton
212 Main Street
Northampton, MA 01060
RE: Berkshire Electric Cable Company
120 River Road, Leeds (Northampton) , Massachusetts
Dear Mr. Patillo:
As you know, this office represents Berkshire Electric Cable
Company and the Audubon Partners, owners of the above property.
On Tuesday, 1 October 1996, this office filed applications to
dismantle, remove and reconstruct a 200 ' X 10 ' shed roof over an
unenclosed reel storage area at the above property. A portion of
the roof had collapsed under ice and snow load last winter.
To assist you in your consideration of these applications, I am
enclosing copies of the following items pertaining to a separate
addition to the Berkshire Electric Cable building which was
constructed in 1990 and which is shown on the site plan filed with
the above applications:
1. Letter from Almer Huntley, Jr. & Associates, Inc. to
Northampton Conservation Commission dated 16 October 1989
giving the firm's opinion that:
a. The addition was not within the 100 year FEMA flood zone,
and
b. The project site was outside the limits of the 40 ' flood
plain buffer area, and
2 . Determination of Applicability issued by the Northampton
Conservation Commission on 16 October 1989 making a negative
determination because the area of the building addition was
not "An Area Subject to Protection Under the Act" , and
3 . Decision of the Northampton Zoning Board of Appeals granting
a Special Permit and Site Plan Approval for the construction
of the addition. This document is referred to in the Zoning
Permit Application, which we filed on the 1st of October.
John B. Howard
5 t Attorney at Law
39 Main Street
NorthamploOn�Massachusetts
Telephone 413-584-3605
Facsimile 413-582-9043
1 October 1996
VIA HAND DELIVERY TO:
Anthony L. Patillo, Building Commissioner
City of Northampton
212 Main Street
Northampton, MA 01060
RE: 120 River Road, Leeds (Northampton) , Massachusetts
Dear Mr. Patillo:
This office represents Berkshire Electric Cable Company and the
Audubon Partners, owners of the above property.
Enclosed for filing are the following items pertaining to the
property:
1. Zoning Permit Application,
2 . Site Plan,
3 . Application for Permit to Alter, and
4. Filing fee of $130, computed as follows:
Fee for demolition $ 10. 00
Fee for reconstruction of roof 140. 00
Estimated cost: $35, 000 ($4 X 35) TOTAL: $150. 00
Less fee previously paid - 20. 00
BALANCE: $130. 00
Upon our filing of these items today, we hereby withdraw the
Applications filed on 26 September 1996 on behalf of my clients.
If you have any questions, please feel free to contact this office.
ly yours,
Jo owar
JBH:mal
Enclosures
Items 1-4
cc: Berkshire Electric Cable Co.
159XTLBC.001
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Zoning
Miscellaneous Additions,Repairs,Alterations,etc. Tel.No. Alterations
NORTHAMPTON, MASS. 1 October -19 96 Additions
a APPLICATION FOR PERMIT TO ALTER Repair
Garage
1. Location 120 River Road, Leeds (Northampton) Lot No.
2. Owner's name('rdZ 4 QZH 'RT-D d1blk &PoFo)\,) _Address 12.0 F-4 06
3. Builder's name See below .Pd"4;Z4—t, S Address
Mass.Construction Supervisor's License No. "1'� 2�1 Expiration Date
4. Addition No
5. Alteration No
6. New Porch No
7. Is existing building to be demolished? Yes - 200' X 10' shed roof to be removed and replaced
8. Repair after the fire No, repair after collapse from snow and ice load
9. Garage No No.of cars Size
10. Method of heating None
11. Distance to lot lines Front: 200' Right: 400' Left: 630' Rear: 330'
12. Type of roof Corrogated steel
13. Siding house
14. Estimated cosL- Dismantling and removal $3,000
Replacement: $35,000
The undersigned certifies that the above statements are ue to the best of his, her
knowled and belief. -�
Signature of responsible appicani
Remarks Dismantling and removing: Jim's Steel Erecting Service
20 Roosevelt Street, Hadley, MA 01035
Replacement: The O'Leary Co. , Inc.
326 College 1iighway, Southampton, MA 01073
10. Do any signs exist on the property? YES NO x (None at location
of proposed work)
IF YES,describe size,type and location:
Are there any proposed changes to or additions of signs intended for the property.?YES NOS_
IF YES,describe size,type and location:
11. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO
LACK OF INFORMATION.
This columm to be filled in
by the Building Department
Required
Existing Proposed By Zoning
Lot size 656,014 SP, No change
Frontage 12351± No change
Setbacks 2001 ± No change
No change
(Shed roof) - side L:_630, R: 400' L: R:
- rear
330' No change
Building height 1 story No change
Bldg Square footage 89,550 SP No change
%Open Space:
53% No change
(Lot area minus bldg
&paved parking)
-Parking Spaces NA No change
Of Loading Docks NA No change
Fill: NA No change
'4vol-ume--& location)
13 . Certification: I hereby certify that the information contained herein
is true and accurate to the best of my knowledge. r
DATE: (o/l/
1,6 APPLICANT'S SIGNATURE
±' NOTE: Issu noe of a zoning permit does not relieve an a iloant'a burden to oom
zoning requirements and obtain all required permits from the Board of Health, Conservation.
Commission, Department of Publio Works and other applicable permit granting authorities,.-:
'.t;r. FILE ,�`
Fi 1 e V0.
ZONING PERMIT APPLICATION (§10 . 2
PLEASE TYPE OR PRINT ALL INFORMATION
1. Name of Applicant: Berkshire Electric Cable Co.
Address: 120 River Road, Leeds, MA Telephone: 413-584-3853
2. Owner of Property:GrAq-50-&? 2 T-(f t-D 5 e Qd3i.v 14- e+j-l)f) c1 j b IG LI-t,Au$dp fAVTAZRS
Address: Via/ . Telephone:
3. Status of Applicant: Owner Contract Purchaser /%<� Lessee
Other(explain):
4. Job Location: River Road, Leeds (Northampton) , Massachusetts /
Parcel Id: Zoning Map# 5 Parcel# District(s):
(TO BE FILLED IN BY THE BUILDING DEPARTMENT)
5. Existing Use of Structure/Property Manufacturing of electric cable
6. Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessa�):
The applicant proposes to dismantle and remove a damaged 200' X 1 ' shed roof
over an unenelosed reel storage area and to replace it with a new shed roof
with the same dimensions in the same location.
7. Attached Plans: Sketch Plan x Site Plan Engineered/Surveyed Plans
Answers to the following 2 questions may be obtained by checking with the Building Dept or Planning Department Files.
8. Has a Special PermitNahance/Finding ever been issued for/on the site?
NO DON'T KNOW YES X IF YES,date issued: 15 Nov. 1989
IF YES: Was the permit recorded at the Registry of Deeds?
NO DON'T KNOW YES X
IF YES: enter Book 3493 Page 99 and/or Document#
9. Does the site contain a brook,body of water or wetlands? NO X DON'T KNOW YES
IF YES, has a permit been or need to be obtained from the Conservation Commission?
Needs to be obtained Obtained ,date issued: _
(FORM CONTINUES ON OTHER SIDE)
FILE
APPLICANT/CONTACT PERSON: ' --
ADDRESS/PHONE:
PROPERTY LOCATION "�v
MAP �_ PARCEL: i ZONE 5Z A)
C-Z
THIS SECTION FOR-OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
lRivilding Permit Filled not
Type of Constritefinn-
a �
/
TBEF OLLOWING ACTION HAS BEEN TAKEN ON THIS AP ICATION:
Approved as presented/based on information presented
Denied as presented:
Special Permit and/or Site Plan Required under: §
PLANNING BOARD ZONING BOARD
Received&Recorded at Registry of Deeds Proof Enclosed
Finding Required under:§ w/ZONING BOARD OF APPEALS
Received&Recorded at Registry of Deeds Proof Enclosed
/
Variance Required under: § w/ZONING BOARD OF APPEALS
Received&Recorded at Registry of Deeds Proof Enclosed
Other Permits Required:
Curb Cut from DPW Water Availability Sewer Availability
Septic Approval-Bd of Health Well Water Potability-Bd Health
Permit from Conserva ' Co s ' n
Signature of Building ector Date
NOTE: Issuanoe of at zoning permit does not relieve an appliaent's burden to oomply with all
zoning requirements and obtain all required permits from the Board of Health. Conservation
Commission, Department of Publio Works and other applioable permit granting authorities.
City of Northampton REQUIRED INSPECTIONS
1. Footings and Walls
BUILDING DEPARTMENT 2. Structural Components in Place*
3. Complete Building*
Office of the Building Inspector
No. 913
Zoning Form No. 961529 Date i0/6/g6 Fee Q Check# 9RRi M 71 n4
Page, 5 Parcel 28 ,Zone GI/SR/WP Section 127 ❑ Yes 0 No
BUIULDING PERT"T1
* Plumbing and Electrical Inspections required
THIS CERTIFIES THAT .-ramps P;tzgibban before Building Inspections
has permission to dismantle & replace roof Inspection on Site;—Foundations
situated on 120 River Road - BerksRire Electric Cable Co Inspection of Plumbing—Rough
provided that the person accepting this permit shall in every respect Inspection of Plumbing—Finish
conform to the terms of the application on file in this office, and to the Gas Inspection
provisions of the Statutes and the Ordinances relating to the Construction, Inspection of Wiring—Rough
Maintenance and Inspection of Buildings in the City of Northampton.
Any violation of any of the terms above noted is an immediate revocation Inspection of Wiring—Finish
of this permit.Expires six months from date of issuance,if not started. Building Inspection—Rough
Note:A certificate of occupancy will be issued by this office upon return Insulation Inspection
of this card signed by the Plumbing,Wiring and Building Inspectors. Building Inspection—Finish
Smoke Detectors(Fire Department)
Other
THIS CARD MUST BE DISPLAYED IN A CONSPICUOUS PLACE ON P MISES
Certificate of Occupancy
Buildine Insnector