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38-050 (45) 3g_5 Etheredge Sz Steuer, Pc. ATTORNEYSAT LAW 64 GOTHIC STREET NORTHAMPTON, MASSACHUSETTS 01060 EDWARD D. ETHEREDCE (413) 584-1600 FAX (413) 585-8406 SHELLEY STEUER' 'ALso Admitted in New York and California October 17, 2002 1 � 1 ^nL Anthony Patillo, Building Commissioner City of Northampton 210 Main Street Northampton, MA 01060 Re: MassDevelopment Special Permit Earle Street,Northampton, MA Dear Tony: I enclose a copy of the recording receipt and a date and time stamped copy of the Special Permit for the above-referenced property. The Special Permit was recorded this day in the Hampshire Registry of Deeds in Book 6835Page 81. If you have any questions, please give me a call. Very truly yours, Edward D. eredge EDE/kap Enc. cc: Wayne Feiden David M. Webster, V.P. E:\word\1etters\PAT1LL 13.EDE 17-OCT-2002 09:06:24 Hampshire County Registry of Deeds Receipt No: 180604 Marianne L. Donohue, Register of Deeds 33 Kina_ Street Northampton, MA 01060-3298 Name: ETHEREDGE & STEUER Addr: 64 GOTHIC STREET NORTHAMPTON. MA 01060-0000 Receipt Type: OR Payment Total Pages: 0010 Fees Taxes Fee: $ 16.00 Cash: $ 0.00 $ 0.00 Tax: $ 0.00 Check: $ 36.00 $ 0.00 Misc: $ 20.00 Charge: $ 0.00 Charge Code: Comment: MASS DEVELOPMENT SPECIAL PERMIT Receipted By: BETH Status: PAID DOCUMENTS: 992231479 to 992231479 ------------------------------------------------------------------------------------------------------------------------------------ Type Page Doc Mref Consider$ Record Fee Excise Tax Stat Misc Fee Record Date Document# Book/No/Page Status ---- ---- --- ---- ----------- ----------- ----------- ---- ----------- ----------------- --------- -------------- ------ MIS3 010 0001 0000 0.00 16.00 0.00 20.00 17-OCT-2002 09:06 992231479 OR /6835/0081 INIT Page 0001 of 0001 RICORDED 14 MPSHIRE RFGIS IRY OF DEEDA Planning Board - Decision co age Date 101 I;r 10 a; City of Northampton Hearing No.: PLN-2003-0008 ;rime :!Q(ai AM Date:September 26,2002 APPLICATION TYPE: SUBMISSION DATE: PB Special Permit 7/10/2002 Applicanrs Name: Owner's Name: Surveyor's Name: NAME-- NAME: COMPANY NAME: MASS DEVELOPMENT/THE COMMUNITY BU) Division of Capital Asset Management(DCA ADDRESS: ADDRESS: ADDRESS: 43 BUENA VISTA ST I Ashburton Place,1.4th floor TO": STATE: Zfl>CODE- TOWN: STATE-* ZIP CODE TO": STATE DEWNS MA 01432 BOSTON 44 02108 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: (978)772-6340 EMAIL ADDRESS: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: STREET NO.: SITE ZONING: EARLE ST PV TOWN: SECTION OF BYLAW: NORTHAMPTON MA 01060 Section 10.1 & 10-15 MAP: BLOCK* LOT: MAP DATE: ACTION TAKEN: 38 050 001 Approved With Conditions Boric; ....... 1Page: 0350 481 NATURE OF PROPOSED WORK Proposed project involves redevelopment of a portion Of the former NSH. Project area on Assessors Map 38A,Parcels 50,58,86,87 and Map 31C,Parcel 17. This permit is for Special permit only for estabrishment of the planned Village DisWct HARDSHIP: CONDITION OF APPROVAL: FINDING: See Attachment B The Planning Board GRANTED the Special Permit based on the following plans and information submitted with the Special Permit application and revised by any conditions attached. I. "Existing Site Conditions, The Village at Hospital Hill,Northampton,M4'Sheet 2 of 7,prepared for AfassDevelopmentifThe Community Builders,prepared by Tighe&Bond,dated July 9,2002. Z *Sheet Layout, The Village at Hospital Hill,Northampton,MA"Sheet 3 of 7,prepared for MassDevelopmentlThe Community Builders, Prepared by Tighe&Bond,dated July 9,2002. 3. "Proposed Site Plan North Campus, The Village at Hospital Hill,Northampton,MA'Sheet 4 of 7,prepared for MassDevelopmentlThe Community Builders,prepared by Tighe&Bond,dated July 9,2002 4. *Proposed Stie Plan South Campus, The Village at Hospital Hill,Northampton,MA'Sheet 5 of 7,prepared for MassDevelopmentlThe Community Builders,prepared by Tighe&Bond,dated July 9,2002. 5. *Proposed Site Plan Industrial Corridor,The Village at Hospital Hill,Northampton,MA" Sheet 6 of 7,prepared for MassDevelopment(The Community Builders,prepared by Tighe&Bond,dated July 9,2002. 6. 'Miscellaneous Details,The Village at Hospital Hill,Northampton,MA'Sheet 7 of 7,prepared for MassDevelopment/The Community Builders,prepared by Tighe&Bond,dated July 9,2002. 7. 'The Village at Hospital Hill Special Permit Application Supplementary Filing,Northampton,MA'prepared by Vanasse&Associates, Inc., Tighe&Bond and Beals and Thomas,Inc.,dated August 22,2002. 8. 'Draft Design Guidelines, The Village at Hospital Hill,Northampton,MA'prepared for MassDevelopment,prepared by Beals and Thomas,Inc.,dated August 22,2002. In GRANTING the Special Permit the Planning Board determined., A. The requested use protects adjoining premises against serfously detrimental uses because the proposed project Involves the GeoTMSOD 2082 Des Lauriers Municipal Solutions.Inc. Planning Board - Decision City of Northampton Hearing No.: PLN-2003-0008 Date:September 26, 2002 redevelopment of a portion of the former Northampton State Hospital for a Planned Village Including residential,commercial and Industrial uses within the Planned Village District and Is in keeping with Sections 5.2, 10.16 10.15 of the Northampton Zoning Ordinance. In addition,the applicant has addressed potential impacts to infrastructure and environmental resources within and surrounding the site as depicted on plans and Information submitted with the application. B. The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets,minimize traffic Impacts on the streets and roads in the area. The applicant has prepared a transportation analysis that addresses existing transportation deficiencies and mitigation solutions that will Improve traffic operations and/or safety within the proposed area and on surrounding streets. The costs,timetables,responsible parties,and funding sources for the proposed improvements that address existing defldencles and mitigate future potential problems are defined under the mitigation schedule included with the application and as a condition of this permit A network of bicycle 6 pedestrian trails will be constructed. C. The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape,existing buildings and other community assets in the area because a number of the existing structures will be reused and will be registered with the National Historic Register of the Northampton State Hospital. The interior layout and circulation routing on the site will maintain the campus-like character of the setting and will create a harmonious,well-planned mixed-use community. Additionally,specimen trees will be surveyed and protected to the extent practicable. D. The requested use will not overload,and wilt mitigate adverse impacts on,the City's resources Including the effect on the City's water supply and distribution system,sanitary and storm collection and treatment systems,fire protection,streets and schools because according to the Environmental Notification Form(ENF},Northampton's water supply and wastewater treatment capacity are sufficient to accommodate the needs of both Phase 1 and the Full-Build. in addition,all plumbing fixtures will be low-flow and in compliance with the State Building Code. An engineering analysis has been conducted regarding the capacity of water and sewer mains and it has been determined that existing water mains are adequate to serve both Phase 1 and Full-Build needs,including fire flow requirements. Further evaluations are anticipated in connection with the Full-Build. Properties within the Planned Village will share stormwater systems and maintenance and full designs will be reviewed during site pian approval or subdivision review. E. The requested use meets any special regulations set forth in Sections 5.2 6 10.15 of the Northampton Zoning Ordinance(see Attachment A). F. The requested use bears a positive relationship to the public convenience or welfare. The use will not unduly Impair the Integrity of character of the district or adjoining zones,nor be detrimental to the health,morals or general welfare. The use shall be in harmony with the general purpose and intent of the Ordinance because the project provides a positive,economically viable use of the core campus of the former Northampton State Hospital. G. The requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives,as defined in City master or study plans adopted under M.G.L.Chapter 41,Section 81-C and D specifically,the project as described in the application and as herein permitted,is consistent with and helps implement the City's Master Plan for the State Hospital and Vision 2020. COULD NOT DEROGATE BECAUSE: FiLING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: 7/10/2002 7/24/2002 9/26/2002 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 7/17/2002 9/13/2002 9/12/2002 9/12/2002 10/9/2002 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: 7/1712W2 7/31/2002 9/12/2002 9/19/2002 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 7/24/2002 7:00 PM 12/12/2002 12(12/2002 MEMBERS PRESENT: VOTE: Julie Hooks Davis votes to Grant George Kohout votes to Grant Keith Wilson votes to Grant Francis Johnson votes to Grant Paul Diemand votes to Deny Kenneth Jodrie votes to Grant Andrew Crystal votes to Grant MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: Andrew Crystal Francis Johnson 6-1 Approved with Conditions MINUTES OF MEETING: Minutes are available in the Office of Planning 6 Development GeoTMSO 2002 Des Lauriers Municipal Solutions,Inc. Planning Board - Decision City of Northampton File No.:PL- 2003-0008 Date: September 262002 Pursuant to Massachusetts General Laws(MGL),Chapter 40A,Section 11,no Special Permit with Site Plan,or any extension, modification or renewal thereof,shall take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed after the decision has been filed,or if such an appeal has been filed that it has been dismissed or denied,is recorded in the Hampshire County registry of Deeds or Land Court,as applicable and indexed under the name of the owner of record or is recorded and noted on the owner's certificate of title.The fee for such recording or registering shall be paid by the owner or applicant.It is the owner or applicant's responsibility to pick up the certified decision from the City Clerk and record it at the Registry of Deeds.(Please call the City Clerk prior to picking up the decision.) The Northampton Planning Board hereby certifies that a Special Permit with Site Plan Approval has been GRANTED and that copies of this decision and all plans referred to in it have been filed with the Planning Board and the City Clerk. Pursuant to Massachusetts General Laws,Chapter 40A,Section 15,notice is hereby given that this decision is filed with the Northampton City Clerk on the date below. If anyone wishes to appeal this action,an appeal must be filed pursuant to MGL Chapter 40A,Section 17,with the Hampshire County Superior Court or the Northampton District Court and notice of said appeal filed with the City Clerk within twenty days(20)of the date of that this decision was filed with the City Clerk. Applicant: MassDevelopment/The Community Builders—Route 66(the site of the former Northampton State Hospital) DECISION DATE: September 12,2002 DECISION FILED WITH THE CITY CLERK: September 26, 2002 S 1 CERTIFICATE OF SERVICE Pursuant to M.G.L. Chapter 40A, Section 11, I, Angela Dion, Board Secretary, hereby certify that I caused copies of this Decision to be mailed, pos-W repaid, to the ypplicant and Owner on September 26, 2002. j f i \✓ "ATTACHMENT A" The Planning Board found the project meets the criteria under Section 10.1 S of the Zoning Ordinance as follows: 1. The project density and design ensures that the project serves as a pedestrian-scale mixed village, and not an automobile oriented collection of independent uses through the density and design of the proposed project,more particularly: A. The Planned Village maintains a village appearance and feel along Route 66 into Northampton by using buildings to frame the streetscape and avoiding holes in the urban streetscape fabric in order to establish a gateway to the project as indicated/required in the draft design guidelines,which will be revised under an amendment. The master plan has been revised to demonstrate a reconfiguration of proposed buildings as necessary to address the planned Ridge Street, and establish an urban streetscape along this corridor with additional buildings. B. This planned village ensures that housing and village uses are designed to maximize pedestrian circulation within the project and connecting to surrounding areas through the planned construction of sidewalks and pathways within the project,which create connections to existing sidewalks and planned bike paths. Sidewalks will also be created along the perimeter of the project on Earle,Grove, and Laurel streets as identified in the conditions(Attachment B). C. The building designs, as specified in the draft design guidelines, create a compatible and attractive urban village and meet the requirements of the Planned Village District. This development will be guaranteed through the guidelines stated, goals,permitted uses and the use of a Design Review Board within these guidelines. D. The use of retail, institutional,commercial and other land uses are planned to be built close to the street,with minimum setbacks along the Route 66 corridor to keep the urban village tightly focused and walkable, and maintain a focus on gateway(s)to Northampton and respect surrounding land uses.Phase H will include mixed residential and commercial development,community facilities, assisted living facilities, residential and accessory uses in a clustered pattern preserving open space along the perimeter of the project. 2. The Village at Hospital Hill, including any concurrent road improvements,will not decrease the level of service(LOS)of any area roads or intersections below the existing conditions. The applicant has identified strategies to reduce traffic congestion through the implementation of a Transportation Demand Management Plan with an on-site coordinator. This management plan is specified in the Special Permit application and the permit conditions. 3. Landscaping, new buildings,parking, lighting, and other improvements in the Village at Hospital Hill have been designed and maintained to minimize the visual intrusion to the surrounding area and to preserve and enhance the existing"campus"layout, as defined in the draft design guidelines to be finally approved and further reviewed in an amendment. These guidelines specify: A. The construction will cause no more than minimal,disturbance of existing.ridge-lines and hilltops. Existing specimen trees and other desirable natural features wilt be protected to the extent practicable. An arborist will be submitting a fall specimen tree survey showing the number of trees, location and preservation guidelines. , t B. The permanent mechanical equipment is screened from public view and from views from surrounding properties and ways. C. The design and appearance of proposed new buildings, renovations,and other improvements are designed for visual compatibility within the site and the surrounding area. Draft Design Guidelines and Architectural Design Guidelines have been submitted with the Special Permit application. These guidelines establish design criteria for development and improvements proposed at The Village at Hospital Hill and ensure compliance with the requirements of the Planned Village District. 4. All feasible measures to mitigate on-site and off-site traffic impacts have been addressed, including measures to facilitate access to existing or likely public transit and to existing or likely off-site pedestrian and bicycle paths- Bicycle traffic shall be consistent with the village concept and shall utilize the bike path as necessary and as shown on the bicycle network of the Master Plan. Crosswalks, bollards,signage, and transition areas will be incorporated to address any potential pedestrian/ bicycle/automobile conflicts. Moreover, the applicant has prepared a transportation analysis that addresses the existing transportation deficiencies and mitigation solutions that will improve traffic operations and/or safety within the proposed area. S. The proposed planned village is designed to insure easy access to surrounding parcels in the Planned Village and to the surrounding open space. 6. The Planning Board, as part of the Special Permit process, approved the development of the Planned Village in phases according to the chart on page 6 of the revised Special Permit application. The phase I development includes 109 dwelling units and up to 152,000 square feet of commercial/industrial use which includes the 100,000 square foot proposed manufacturing facility along Earle Street(80,000) square foot industrial and 20,000 square foot office) and the remaining 52,000 square feet of the phase I development will be implemented based on market demand. Full designs shall be reviewed during site plan approval or subdivision review. "ATTACHMENT B11 1. Prior to the issuance of a building permit for the first building in Phase 1, other than those for industrial property along Earle Street (which are not covered by the Guidelines and will be reviewed on a case-by case basis by the Planning Board) the design guidelines must be amended to address issues identified by the Board that meet the Planned Village standards. The Planning Board must review and approve these amendments and incorporate them into a revised special permit. These Guidelines are critical to meeting the Special Permit criteria and must include, at a minimum: . I a. Enough detail and standards to address all of the Planned Village Special Permit criteria. b. Include detailed lighting standards, with site lighting at an average of no more than 2 foot candles over each parking lot and walkway and less when possible. c. Create measures to ensure that the entire frontage of"Main Street", from "Ridge Street"to the proposed roundabout at the north end of the mixed use area should be a high volume pedestrian area, and not a deserted area at 5:00 PM when businesses close. 2,__The design of proposed Kollmorgen Building, as shown on the submittal, meets the Special Permit standards considering this is an industrial area, provided that the fagade of the building facing "Ridge Street" (as named in the master plan) is below grade or no more than 3' above grade, and the other fagades have two tiers of windows, giving the appearance of a two story building. The Planning Board shall approve the specific design of the building during its Site Plan review of the project 3. Cross-easements shall be provided for those parking spaces at the Kollmorgen property that are in excess of Kollmorgen's immediate needs, to allow parking by tenants from other parts of the Village at Hospital Hill, with the provision that if Kollmorgen's need for parking increases they can correspondingly increase the number of spaces reserved solely for their use. Final easement documents and exact language shall be approved by the Planning Board as part of their Site Plan Approval of the project. 4. This permit grants a 20% reduction in required parking for uses in Phase 1, except for single-family residences. 5. All stormwater detention basins must be owned and maintained by the landowner's association. Specific criteria for maintenance will be spelled out in site plan and/or subdivision approval process. 6. A bike path shown on the plans shall be extended north from the Kollmorgen switchback just below Ridge Street to parallel Ridge Street (at 5% grade), consistent with the master plan. This path shall be separate from the Ridge Street sidewalk, or if combined with sidewalk in this location shall be 10'wide and separated from the street by a 10' landscaped planting strip. This path shall cross Rt. 66, with a crosswalk provided by the applicant, in a location approved by the Department of Public Works and connect to the remaining portion of the Phase I development. A full construction design shall be included with the subdivision approval submittal request. --- -------- 7. Prior to the issuance of the first Certificate of Occupancy for the project, the applicant shall provide a copy of Landowners'Association documents/bylaws and proof that they have been recorded with the land. This document shall include: a. The structure of the association b. Assurance that all non-municipal property owners in the Village at Hospital Hill shall be members, c. Provision for landowner assessments including the provision of authority to place liens on property if assessments are not paid. d. Authorization, but no responsibility, for the city to perform maintenance if the landowners association fails to and place liens on the association and all members properties to secure payment for such work and administration of such work. e. Cross easements for the shared parking and description of how shared parking will function to reduce the overall need for parking for the project. f. Detailed description of stormwater management facilities as well as maintenance for all common areas including bike paths, sidewalks and shared open space. Documents shall be clear that shared open space and bike paths are open to the public to allow the Village to function as an urban village. g. Provision for dedication a $20,000 reserve fund bank account (to be phased in over phase one of the project, and subject to possible increases or changes required when the full buildout plan is submitted)to cover emergency repairs to any common facilities. 8. As indicated in the application for this special permit, all commercial property owners and tenants must participate as part of the landowner's association in the Rt.9 Transportation Management Association (TMA), or other such association if the Rt 9 TMA ceases to exist, with a minimum annual contribution to such TMA of$5,000 per year upon issuance of a Certificate of Occupancy for the first commercial building. 9. Nothing in this approval can limit the Planning Board's approval when it reviews Village at Hospital Hill projects for permits under Subdivision Regulations, Site Plan Approval, or future Special Permit requests. 10.The boulevard shown on the Phase 1 plans north of Route 66 partially addresses some of the pedestrian scale zoning criteria. As part of the preliminary subdivision submittal, the Planning Board urges the project proponent to revise the boulevard so that the easterly half(between two rows of specimen trees) is a pedestrian mail and the westerly half is the two-lane road. 11.To encourage an active Village area, the Planning Board encourages the developer to use as great a density as possible, and save unused areas for future uses. To this extent, this permit specifically authorizes the development of residential space above all commercial buildings, allows additional commercial space between existing commercial buildings shown on the special permit submittal, and does not create any additional minimum lot size (beyond that established in zoning) 12.The applicant must return to the Planning Board for review and approval of a design for the planned park at the intersection of Main Street and Route 66 and must construct the park within two years of the first Certificate of Occupancy. This should be designed so that it is inviting to pedestrians and encourages active use. The applicant may use this for a building, if the building will provide a pedestrian draw and help fill in gaps on Route 66, if the applicant provides a park elsewhere in the downtown area of the project(north or south side of Route 66) and other measures to create urban greenscapes and recreation based street life in the downtown area of the project south of Route 66. 13.A full specimen tree survey shall be provided with the preliminary subdivision approval and all reasonable efforts made to preserve healthy specimen trees. Specimen trees shall only be cut when approved by the Planning Board concurrent with a subdivision or site plan approval. 14.A study showing the feasibility of reusing Old Main shall be submitted to the Planning Board-.prior to the submittal of the preliminary subdivision plans. 15.Traffic mitigation shall be implemented by the applicant in accordance with the following schedule: Mitigation Phasing (square footage applies to new construction or rehabilitation) Earle Street,Texas Road, Grove Street Prior to final certificate of occupancy of first Improvements(removal of rail bridge commercial building. abutments Optimizing traffic signal timing (up to 4 Within I year of certificate of occupancy of locations) first commercial building. Earle StreettGrove Street 100% Construction Within 3 years of certificate of occupancy of Plans, Specifications and Estimates for long first commercial building. range realignment of intersection and any future access road to the Planned Village or improvements to Earle Street. (including sidewalks along Earle between Grove Street and Route 10) Rt. 10/Earle Street signal and other 25%design by fall 2003; 75%design within intersection improvements, including a 6 months after MassHighway public hearing modem roundabout, 100% Construction and comments, 100*/o design Within 6 Plans,Specifications and Estimates months after MassHighway 75%design comments Construction of sidewalk along Earle from Rt. Prior to the first Certificate of Occupancy for 66 to Grove Street(with construction plans to the first 100,000 sq.ft of building be approved by DPW) construction. Construction of sidewalks on-Caurel from Rt. Prior to the issuance of a building permit for 66 to Grove and on Grove from Laurel to the 6&residential unit. (if, prior to the 60th Earle(with construction plans to be approved building permit, the traffic analysis full- by DPW) buildout submittal documents that the sidewalk is not needed,the Planning Board can amend this condition to drop this requirement.) Construction of bike path along Ridge Road to Prior to the first Certificate of Occupancy for 66 (with construction plans approved by the the first 80,000 sq.ft of building Office of Planning and Development staff prior construction. to construction) Bike path crossing Rt. 66, with curb cut and Prior to the first Certificate of Occupancy for striping connecting to the northerly side of the first 10,000 sq. ft of building construction Phase I residential development (With on the north side of Route 66 construction plans approved by the Office of I Planning and Development) Traffic Demand Management: ■ Designation of on-site traffic Upon certificate of occupancy of coordinator to disseminate information first commercial building in Phase I on public transit,coordinate ride sharing services, guaranteed ride home,siting of bike racks and transit stops,research zip car program feasibility,determine carpool/vanpool preferred parking spaces, and park& ride spaces. ■ A minimum of 4 carpool parking At Certificate of Occupancy of the spaces(which can be relocated within first commercial building; the complex as development proceeds) ■ Pay a minimum of$5,000 to the Rt. Annually upon issuance of the 9TMA or successor in interest; Certificate of Occupancy for the first commercial building in Phase 1. ■ Monitoring of Traffic throughout PV Six months after the issuance of the and at Earle/Rt. 10 intersection (in Certificate of Occupancy of first accordance with details identified in commercial building in Phase 1, Appendix C of supplemental filing of annually thereafter with reports sent Special Permit Application) to the Office of Planning& Development ■ Employee Survey to evaluate car- Six months after the issuance of the sharing, carpooling, bicycling and Certificate of Occupancy for the first other traffic. reduction programs; commercial building in Phase 1, annually thereafter(can be part of TMA services) u Doc; 992231479 OR /6835/ 10/17/2002 09:06 k:_^ CITY CLERKS OFFICE NORTHM.VT01 UA 01060 October 17 , 2002 Christine Skorupski, City Clerk of the City of Northampton, hereby certify that :he above Decision of the Northampton Planning Board was filed in the Office of :he City on September 26 , 2002, that twenty days have elpased since such filing Lnd that no appeal has been filed in this matte • • o Attest: City Clerk City of Northampton