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18C-181 74 HATFIELD STI8C-I81 BP-2016-1418 GIS g: COMMONWEALTH OF MASSACHUSETTS Map- Block: 18C-045 CITY OF NORTHAMPTON Lot: -001 Permit: Building Category:NEW DUPLEX BUILDING PERMIT Permit# BP-2016-1418 Project# JS-2016-002440 Est. Cost: $360000.00 Fee: $1699.20 PERMISSION IS HEREBY GRANTED TO: Const.Class: Contractor: License: Use Group: L P AUDETTE BUILDERS INC 021237 Lot Size(sn. ft.): 45738.00 Owner: L P AUDETTE BUILDERS INC Zonin_: URB(100)/ Applicant: L P AUDETTE BUILDERS INC AT: 74 HATFIELD ST 18C-181 Applicant Address: Phone: Insurance: 717 NORTHAMPTON ST UNIT 60 (413) 539-7381 f) HOLYOKEMA01040 ISSUED ON:6/16/2016 0:00:00 TO PERFORM THE FOLLOWING WORK: NEW TWO FAMILY POST THIS CARD SO IT IS VISIBLE FROM THE STREET Inspector of Plumbing Inspector of Wiring D.P.W. Building Inspector Underground: Service: Meter: Footings: Rough: Rough: House ft Foundation: Driveway Final: Final: Final: Rough Frame: Gas: Fire Department Fireplace/Chimney: Rough: Oil: Insulation: Final: Smoke: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Certificate of Occupancy signature: FeeType: Date Paid: Amount: Building 6/16/2016 0:00:00 $1699.20 212 Main Street, Phone(413)587-1240, Fax:(413)587-1272 Louis Hasbrouck-Building Commissioner u c� (N61 File#BP-2016-1418to I I U�5 APPLICANT/CADDRESS/PHONEOTACT PERSON L P 717 NORTHAMPTON ST UNIT 60ETTE LOERS INC HOLYOKE (413)539-7381 0 C'r�Ns �� QI.A PROPERTY LOCATION 68 HATFIELD ST 0�c €6'1-- MAP 18C PARCEL 045 001 ZONE URB(I00)/ SJ ke W THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM FILLED OUT Fee Paid r.rN 4'On gC4 b99:dO Building Permit Filled out Fee Paid Tyoeof Construction: NEW CONSTRUCTION-2 DUPLEX CONDO UNITS New Construction Non Structural interior renovations Addition to Existing Accessory Structure Building Plans Included: ��JJJ Owner/Statement or License 021237 �� t ��/yam q��7 � 3 sets of Plans/Plot Plan �CY2c/r474 ol. THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INF ATION PRESENTED: 1 1 `O' ) Approved Additional permits required(see below) C� ^J PLANNING BOARD PERMIT REQUIRED UNDER:§ Intermediate Project: Site Plan AND/OR Special Permit With Site Plan Major Project: Site Plan AND/OR Special Permit With Site Plan ZONING BOARD PERMIT REQUIRED UNDER: § Finding Special Permit Variance* Received&Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation Commission Permit from CB Architecture Committee Permit from Elm Street Commission Permit DPW Storm Water Management Signature of Building Official Date Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health,Conservation Commission,Department of public works and other applicable permit granting authorities. * Variances are granted only to those applicants who meet the strict standards of MGL 40A.Contact Office of Planning& Development for more information. r-t: ' s, �� S • 0 n R.vl _F-7 Department use only MAY 3 .:.. , City of Northampton Status of Permit Building Department Curb Cut/Dnveway-Perm¢ 212 Main Street Sewer/Septic Avallab0ty DEPT ova lir - sorts Room 100 Water/Well Availability ca ., Northampton, MA 01060 Two Sets of Structural Plans phone 413-587-1240 Fax 413-587-1272 Plot/Site Plans Other Specify APPLICATION TO CONSTRUCT,ALTER,REPAIR,RENOVATE OR DEMOLISH A ONE OR TWO FAMILY DWELLING SECTION 1 -SITE INFORMATION fa i S This section to be completed by office 1.1 Property Address: 6 8 I/97fSY.4.4 AO/ 3/i' eel pas Map Lot - Unit Zone Overlay District. Elm St.District CB District SECTION 2-PROPERTY OWNERSHIP/AUTHORIZED AGENT 2.1 Owner of Record: L.P. /94614:77E $.DRS xNc 7/7 NOR>HHMP1oN s7,, Ho yo/< 1124,oio4p Name(Print) Current Mailing Address' N/3-C39- '7381 Telephone Signature 2.2 Authorized Agent: AAvJf ifi Col P 44Dt-7 jt 7/7NaRTHlYIPZ 1 SI ilatyzt/G-P20. o/040 Name(Print) Current Mailing Address: 1-1/3-539- 130/ Signature Telephone SECTION 3-ESTIMATED CONSTRUCTION COSTS Item Estimated Cost(Dollars)to be Official Use Only completed by oennit applicant 1. Building al ymsgd.to (a) Building Permit Fee 2. Electrical (b) Estimated Total Cost of -30y Ore r 0a Construction from(6) 3. Plumbing 'tete, w Building Permit Fee 4. Mechanical (HVAC) 'nail/ 'a 5. Fire Protection /_ 6. Total=(1 +2+3+4+5) 347'/a�,6d ,Check Number SQ( i, c9 yyd This Section For Official Use Only Date Building Permit Number Issued: Signature: Building Commissioner/Inspector of Buildings Date Section 4. ZONING ALL Information Must Be Completed. Permit Can Be Denied Due To Incomplete loformatlon Existing Proposed Required by Zoning This column to be filled in by Building Department Lot Size _, 9, .___1?../ Frontage __. 13'3 Setbacks Front Side L: R•_ _ L:4.1 _: R !A2_ Rear _. . ?tog :....._i Building Height Bldg.Square Footage - % /4 a j,, /330 Open Space Footage % o (Lo[area minus bldg&paved 5310', parking) #of Parking Spaces --- ------ (volume&Location) A. Has a Special Permit/Variance/Finding ever been issued for/on the site? NO 0 DONT KNOW Q YES r4 IF YES, date issued 7){v.0 q .o/b IF YES: Was the permit recorded at the Registry of Deeds? NO Q DONT KNOW Q YES i1 _.._................. . IF YES: enter Book /ad74 Page 08 • and/or Document# Do.+0 F9. 7 • B. Does the site contain a brook, body of water or wetlands? NO 0 DONT KNOW Q YES Q IF YES, has a permit been or need to be obtained from the Conservation Commission? Needs to be obtained Q Obtained Q , Date Issued C. Do any signs exist on the property? YES Q NO 9 IF YES, describe size, type and location: D. Are there any proposed changes to or additions of signs intended for the property? YES Q NO Q IF YES, describe size, type and location: E. Will the construction activity disturb(clearing,grading,excavation,or filling)over 1 acre or is it part of a common plan that will disturb over 1 acre? YES NO Q IF YES,then a Northampton Storm Water Management Permit from the DPW is required. SECTION 5-DESCRIPTION OF PROPOSED WORK(check all applicable) New House ® Addition ❑ Replacement Windows Alteration(s) n Roofing D Or Doors C Accessory Bldg. ❑ Demolition ❑ New Signs [p] Decks [p Siding [0] Other ID] Brief Description of Proposed Work. NLd e.NS.-Rucd$cd t)irPLLX Ccaoe ca:?s Alteration of existing bedroom Yes No Adding new bedroom Yes No Attached Narrative Renovating unfinished basement Yes No n A Plans Attached Roll Sheet fi S gerje4 Ga. If New house and or addition to existing housing, complete the following: + �� a. Use of building One Family Two FamilyX Other U 1 b. Number of rooms in each family unit: 5 Number of Bathrooms --- >---9-a;7).22-Cl c. Is there a garage attached? y<-S ) d. Proposed Square footage of new construction. aF;,-VO Dimensions 44 X 30 e. Number of stories? ? f. Method of heating? C WA Fireplaces or Woodstoves Oi°7 J Number of each g. Energy Conservation Compliance. Masscheck Energy Compliance form attached? h. Type of construction teu5'S i. Is construction within 100 ft. of wetlands? Yes X No. Is construction within 100 yr. floodplain Yes A No j. Depth of basement or cellar floor below finished grade b r k. Will building conform to the Building and Zoning regulations? X Yes No I. Septic Tank _ City Sewer & Private well^ City water Supply N. SECTION 7a-OWNER AUTHORIZATION-TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I, [• P 64w;17, &4/✓LI S-tic. ,as Owner of the subject properly hereby authorize L ARRy math-275i to act on m ehalf, in all ra rs r la' to work authorized by this building permit application. Si ure of Owner Date I, ,as Owner/Authorized Agent hereby declare that the statements and information on the foregoing application are true and accurate,to the best of my knowledge and belief. Signed under the pains and penalties of perjury. Print Name Signature of Owner/Agent Date SECTION 8-CONSTRUCTION SERVICES 8.1 Licensed Construction Supervisor: Not Applicable £ Name of License Hamer: 1..ALU?YNB1" P. 43 Dt i 7.1.1C S-03/d37 License Number 717 NoR>N •mP?o s✓ - N4010/ C//�A, oKnit 9/aC/ao/7 Ad•res- / �� Expiration Date A�+/_iyi�I /-�� /3 Saq- 73£� i •gnature Telephone 9.Registered Home Improvement Contractor: _. : Not Applicable £ .R Auit7ic- ge-on .2 NC, Company Name Registration Number 7/ 7 /VaalnFy7Pio/I/ s% 0'007 Address Expiration Date /1,n/40/(Lt,im) i, 0/0//0 Telephone///3-539-730/ 7//5//8 SECTION 10-WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c.152,§28C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Signed Affidavit Attached Yes £ No £ 11. — Home Owner Exemption The current exemption for"homeowners"was extended to include Owner-occupied Dwellings of one(1) or two(2)families and to allow such homeowner to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. CMR 780. Sixth Edition Section 108.3.5.1. Definition of Homeowner:Person(s)who own a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two family dwelling,attached or detached structures accessory to such use and/or fano structures.A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official,on a form acceptable to the Building Official that he/she shall be responsible for all such work performed under the building permit. As acting Construction Supervisor your presence on the job site will be required from time to time,during and upon completion of the work for which this permit is issued. Also be advised that with reference to Chapter 152(Workers'Compensation) and Chapter 153(Liability of Employers to Employees for injuries not resulting in Death)of the Massachusetts General Laws Annotated,you may be liable for person(s) you hire to perform work for you under this permit. The undersigned"homeowner"certifies and assumes responsibility for compliance with the State Building Code,City of Northampton Ordinances,State and Local Zoning Laws and State of Massachusetts General Laws Annotated. Homeowner Signature The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations ] 3 609 Washington Street Boston,MA 92111 Vk4 � www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Apalicant Information Please Print Legibly Name (Business/Organization/Individual): L ,)? isnip4 Ire L14D8J' 2 NC , Address: 7/ 7 /1/PRT/lNMP7o,V Si; City/State/Zip: iip,hy-pkil p7,9 , OloNo Phone #: 41/3 9-7301 Are you an employer? Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4. ❑ I am a general contractor and I employees (full and/or part-time).* have hired the sub-contractors 6. ®New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑ Remodeling ship and have no employees These sub-contractors have g, ❑ Demolition working for me in any capacity. employees and have workers' 9. Building addition [No workers' comp. insurance comp. insurance.t required.] 5. `[x We are a corporation and its 10.❑ Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11._ Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.0 Roof repairs insurance required.] t c. 152, §1(4),and we have no employees. [No workers' 13.❑ Other comp. insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. rHo meowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. :Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: /`7A,TN Si A/dt` XCFS FISSR - CO. Policy#or Self-ins. Lic. #: (x993 9) "JP 6-d df Expiration Date: 4/30h7 Job Site Address: lag fiAt,CJ Ld s7 /YDRTiM/i7PTN/ M A, City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DLA for insurance coverage verification. I do hereby certify er the pain enaltie fperjury that the information provided al/ove is true and correct. Signature: /f J .i Date: eM(ia Phone# Official use only. Do not write in this area, to be completed by city or town official City or Torn: Permit/License# Issuing Authority(circle one): 1.Board of Health 2. Building Department 3. City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6. Other Contact Person: Phone#: City of Northampton (t, i Y Massachusetts DEPARTMENT OF BUILDING INSPECTIONS ' I' 212 Main Street • Municipal Building Northampton, MA 01060 1;N-466'0 INSPECTOR Louis Hasbrouck Chuck Miller Building Commissioner Assistant Commissioner HOME OWNER EXEMPTION ACKNOWLEDGEMENT The State of Massachusetts allows the homeowner the right under 780CMR 108.3.4 to act as his/her construction supervisor. The state defines "Homeowner" as, " Person(s) who owns a parcel on which he/she resides or intends to be, a one or two family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two- year period shall not be considered a home owner." The building department for the City of Northampton wants any person(s)who seek to use the home owner exemption, to act as their own construction supervisor, to be aware that by doing so you become responsible for compliance with state building codes and regulations. The inspection process requires that the building department be called to inspect work at various stages, which include foundation/footings (before backfill). sonotube holes (before pour), a rough building inspection (before work is concealed), insulation inspection (if required) and a final building inspection. The building department requires these inspections before the work is concealed, failure to secure these inspections can result in failure to obtain a certificate of occupancy until the work can be inspected. If the homeowner hires other trades to perform work (electrical, plumbing & gas)the homeowner will be responsible to make sure that the trades hired secure their proper permits in conjunction to the building permit issued, and that they get their required inspections. Failure of the individual trades to secure the permits and inspections as required can DELAY the project until such time as the proper permits and inspections are made understand the above. (Home owner/resident's signature requesting exemption) I will call to schedule all required building inspections necessary for the building permit issued to me. Date Address of work location City of Northampton 212 Math Street, Northampton, MA 01060 Solid Waste Disposal Affidavit In accordance of the provisions of MGL c 40, S54, I acknowledge that as a condition of the building permit all debris resulting from the construction activity governed by this Building Permit shall be disposed of in a properly licensed solid waste disposal facility, as defined by MGL c 111, S 150A. Address of the work: (a B Acrfirill. o S The debris will be transported by: tiLtrk[EC TRleuly.VK The debris will be received by: Hacyogt TRrtrnPE)Q SYAson) Building permit number: Name of Permit Applicyantt/ , P• 19u,2,012 4LDRS .2Jc / Lithe Date G/ /i(o Signature of Permit Applicant City of Northampton .,,s:_- sic Massachusetts Imo' Gt DEPARE.MNT OF BUILDING INSPECTIONS 212 Mon Street • Nmicpal Huilo_ng Northampton, Mk 01060 srVa';.I'D<& Fee Calctalator for Residential Properties Location : f sit f ' ' t/t S t Square Footage Amount Basement @ .20 /3,-id , tOy co 1ST Floor @ .50 /.) G94,&' "` 2nd Floor @ .50 /,‘)0 GO.l-`) / Floors, Finish Attic, Garage @ .20 576 // dO Deck / Porches @ .20 Total : /(, 9g do ./� Registry ID: C,iO �� /�/��'_ r- , d ng Number: HERS-639tthewlit°lig' T �/V/,YK �7 / ` �a�a'�V�/('•�-G-1 Certified Energy Rater: Matthew Turcotte Rating Date: 5/19/16 66 Hatfield St Unit R Rating Ordered For: • Northampton,MA01060 .. _. Estimated Annual Energy Cost /`, A A A '`.. 1 .✓� Projected Rating 5 Stars Plus Use MMBtu Cost Percent Projected Rating: Based on Plans, Field Confirmation Required Heating Sas $1057 43% Cooling 2.3 $118 5% Uniform Energy Rating System Energy Efficient Hot Water 13.8 $409 17% I Star 1 Star Plus 2 Stars 2 Stars Plus 3 Stars 3 Stars Plus 4 Stars 4 Stars Plus 5 Stars • 5 Stars Plus Lights/Appliances 17.6 $896 36 500-401 400-301 300-251 250-201 200-151 150-101 100-91 90-86 85-71 70 or Less Photovoltaics -0.0 $-0 -0% HERS Index: 70 Service Charges $0 0% General information Total 68.2 $2480 100% Conditioned Area: 1358 sq.ft. HouseType: Duplex,single unit • Conditioned Volume: 16064 cubic ft. Foundation: Conditioned basement This home meets or exceeds the minimum Bedrooms: 2 Mechankel Systems Featurescriteria for all of the following: Heating: Fuel-fired air distribution,Propane,95.0 AFUE. Cooling: Air conditioner,Electric,13.0 SEER. Water Heating: Instant water heater,Propane,0.82 EF,0.0 Gal. Duct Leakage to Outside: 82.00 CFM25. Ventilation System. Exhaust Only:37 cfm,10.0 watts. Programmable Thermostat: Heating:Yes Cooling:Yes Building Shell Features Ceiling Flat: R-40.7 Slab: R-0.0 Edge,R-0.0 Under Sealed Attic: NA Exposed Floor: NA Vaulted Ceiling: NA Window Type: U-Value:0.300,SHGC:0.250 Above Grade Walls: R-21.0 Infiltration Rate: Htg:4.00 Clg:4.00 ACH50 • Foundation Walls: R-10.1 Method: Blower door test . Lights and Appliance Features TITLE Percent Interior Lighting: 80.00 Range/Oven Fuel: Electric . Company Percent Garage Lighting: 80.00 Clothes Dryer Fuel: Electric Address Refrigerator(kWh/yr): 0.00 Clothes Dryer EF: 3.01 City,State,Zip Dishwasher Energy Factor: 0.00 Ceiling Fan(cfm/Wad): 70.40 Phone# The Home Energy Rating Standard Disclosure for this home is available from the rating provider. Fax# REM/Rate-Residential Energy Analysis and Rating Software v14.6.3 • This information does not constitute any warranty of energy cost or savings. ®1985-2016 Noresco,Boulder,Colorado. R /f]� Energy Rater: Rating Number: HERS-638 Cerfified Energy Rater: Matthew Turcotte }� Rating Date: 5/19/16 66 Hatfield St Unit L �-[ Rating Ordered For: Northampton.MA 01060 • • .. .. .. Estimated Annual Energy Cost l A A AA • Projected Hating J\ 5 Stars Plus Use MMBtu Cost Percent Projected Rating: Based on Plans, Field Confirmation Required ' Heating 34.1 $1045 42% Cooling 2.1 $107 4% Uniform Energy Rating System Energy Efficient Hot Water 13.8 $409 17% 1 Star 1 Star Plus 2 Stars 2 Stars Plus 3 Stars 3 Stars Plus 4 Stars 4 Stars Plus 5 Stars 5 Stars Plus Lights/Appliances 17.6 $899 37% 500-401 400-301 300-251 250-201 200-151 150-101 100-91 90-66 85-71 70 or Less Photovoltaics -00 $-0 -0% HERS Index: 68 Service Charges $0 0% General Information Total 67.6 $2460 100% Conditioned Area: 1370 sq.ft. HouseType: Duplex,single unit Conditioned Volume: 16212 cubic ft. Foundation: Conditioned basement This home meets or exceeds the minimum Bedrooms: 2 cr0eria for all of the following: Mechanical Systems Features • Heating: Fuel-tired air distribution,Propane,95.0 AEU E. Cooling: Air conditioner,Electric, 13.0 SEER. Water Heating: Instant water heater,Propane,082 EF,0.0 Gal. • • Duct Leakage to Outside: 82.00 CFM25. • Ventilation System: Exhaust Only:37 cfm, 10.0 watts. Programmable Thermostat: Heating:Yes Cooling:Yes Building Shell Features Ceiling Flat: R-40.7 Slab: R-0.0 Edge,R-0.0 Under Sealed Attic: NA Exposed Floor: NA • Vaulted Ceiling: NA Window Type: U-Value:0.300,SHGC:0.250 Above Grade Walls: R-21.0 Infiltration Rate: Htg:4,00 CIg:4.00 ACH50 • Foundation Walls: R-10.1 Method: Blower door test Lights and Appliance Features TITLE Percent Interior Lighting: 80.00 Range/Oven Fuel: Electric Company Percent Garage Lighting: 80.00 Clothes Dryer Fuel: Electric ' Address Refrigerator(kWh/yr): 0.00 Clothes Dryer EF: 3.01 City,State,Zip Dishwasher Energy Factor: 0.00 Ceiling Fan(cfm/Watt): 70.40 Phone# The Home Energy Rating Standard Disclosure for this home is available from the rating provider. Fax# REM/Rate-Residential Energy Analysis and Rating Software v14.6.3 This information does not constitute any warranty of energy cost or savings. ®1965-2016 Noresco,Boulder,Colorado. • Planning-Decision City of Northampton 111111 ��IIIIIIIIRI�II��III� � IIII Hearing No.: PLN-2016-0028 Date: March 11, 2016 APPLICATION TYPE: SUBMISSION DATE: 2916 00001392 PB Intermediate Site Plan 2/10/2016 Bk: 12274Pg:68 Page: 1 of 3 Recorded: 05/17/2016 02:37 PM Applicant's Name: Owner's Name: NAME: NAME: L P AUDETTE BUILDERS INC L P AUDETTE BUILDERS INC ADDRESS. ADDRESS. 717 NORTHAMPTON ST UNIT 60 717 NORTHAMPTON ST UNIT 60 TOWN: STATE; ZIP CODE. TOWN: STATE: ZIP CODE'. HOLYOKE MA 01040 HOLYOKE MA 01040 PHONE NO. FAX NO: PHONE NO: FAX NO.: (413)539-7381 0 0113)539-738/Q EMAIL ADDRESS: EMAIL ADDRESS: Site Information: Surveyor's Name: STREET NO.: SITE ZONING: COMPANY NAME. 68 HATFIELD ST URB(1001/ TOWN ACTION TAKEN: ADDRESS: NORTHAMPTON MA 01060 Approved With Conditions MAP BLOCK LOT: MAP DATE: SECTION OF BYLAW. 18C 045 001 Chpt.350-11:Site Plan Approval TOWN. STATE: ZIP CODE: &role: Page: 1179 442 PHONE NO.: FAX NO.'. EMAIL ADDRESS'. NATURE OF PROPOSED WORK 4 DUPLEX Buildings on 4 LOTS VIA COMMON DRIVEWAY HARDSHIP'. CONDITION OF APPROVAL: 1) Prior to issuance of a building permit for any of the lots,all maintenance agreements and shared access easements shall be recorded showing shared access among all parcels.Maintenance agreements shall also Include shared infiltration/stonnwater systems. 2) This decision shall be recorded separately on each parcel shown. 3) There shall be a continuous sidewalk along Hatfield Street from the inside edge of the driveway entrance to the sidewalk on Bridge Road. 4)If any of the sidewalk is located on private property,an easement for public use/access shall be reviewed by staff and recorded at the registry of deeds,. 5) The dwarf inkberry on lot 18c-181 shall be pruned so that it does not exceed a height of 3'as required by the zoning. 6)All technical requirements for utility connections and specifications as noted by the Department of Public Works shall be addressed/completed. FINDINGS. The Planning Board granted the site plan for common driveway to serve four duplex lots based on the following plans with revisions submitted at the hearing: 1)New Residential Development at 68 Hatfield St.for LP Audette Builders,Inc.by William Canon,James Gracia,Siegfried Porth Architects dated Feb 10,2016 Sheets 1-1,L1.0-5.0,A200. Sheet L.1 revised date 3/9/2016. Revised Architectural renderings to show 2 story side-by-side townhouse units. In approving the Site Plan,the Board found the criteria in 350116 to be met A. The requested use protects adjoining premises against seriously detrimental uses.If applicable,this shall Include provision for surface water drainage,sound and sight buffers and preservation of views,light,and air;and B. The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets,cycle tracks and bike paths,minimize traffic Impacts on the streets and roads in the area.R applicable,this shall include considering the location of driveway openings in relation to traffic and adjacent streets,cross-access easements to abutting parcels, access by public safety vehicles,the arrangement of parking and loading spaces,connections to existing transit or likely future transit routes,and provisions for persons with disabilities;The shared one-way driveway loop minimizes impacts to traffic flow on Bridge Road. Additional sidewalk segment will be constructed along Hatfield Street to provide safe access to and along the Bridge Road corridor and: GeoTMS®2016 Des Landers Municipal Solutions,Inc. m a Official Receipt for Recording in: v Official Receipt for Recording in: Official Receipt for Recording in: Hampshire County Registry of Deeds 33 King St. Hampshire County Registry of Deeds Hampshire County Registry of Deeds 33 King St. 33 King St. Northampton, Massachusetts 01060 Northampton, Massachusetts 01060 Northampton, Massachusetts 01060 Issued to: LP AUDETTE BUILDERS INC Issued To: Issued To: L P AUOETTE BUILDERS INC LP AUDETTE BUILDERS INC (413) 539.7381 1 (413) 758 1950 717 NORTHAMPTON SI HOLYOKE MA 01040 Recording Fees v w Recording Fees I Recording Fees Document Recordin « .. _. _.__« I v ... « Description Number Book/Page Amount i Document Recording Document Recording v -- - Description Number Book/Page Amount Description Number Book/Page Amount REST 00009973 12286 307575.E v v LP AUDET1E DECIS 00008927 12274 Se $75.00 PLAN 00000874 236 75 .. BY 00009974 12286 316 $75.00 DECISION RE SITE PLAN AUDETTE 575.00 HATFIELD COINER ASSOC ._— ________ ---------.. $75.00 $75.00 $150.00 Collected Amolalts Collected Amounts Collected AmwxDtss__________..-------.. ..__* .-.. Payment Payment • Payment « Type Amount . Type Amount Type Amort r ._., .- .... ...... ....___« * * Check 5016 $75.06 Check 411 $75.00 Check 5018 $150.00 -------- -------- $75.00 $75.00 $150.00 Total Received c $75.00 fatal Received : $75.03 Total Received : $150.00 Less Total Recordings: $75.00 Less Total Recordings: $75.00 Less total Recordings: $150.00 --------- --___.___ Change Ewe COO Change Cue $.00 Change Due $.00 Thank Vat Than: You Thank You MAR/ OLBEROING - Register of Deeds MARY OLBEROING- Register of Deeds MARY OLBEROING - Register of Deeds By: Linda N By: Linda N By: Kimberly G Receipta Date Sime Receipt* Date Time Receipt* Date Time 0300626 05/17/2016 02:37p 0300601 05/17/2016 10:06a 0301163 05/31/2016 11:27a eY (me) 70 (n-1-6) 7 ? Oq i-iJ 79Cet1.5j MUNICIPAL WATER AVAILABILITY APPLICATION Northampton Water Department 237 Prospect St. Northampton, MA 01060 587-1097 A Department of Public Works Trench Permit shall be required prior to any construction or connection activity associated with this application. I Location: 68-70-72-94 HATFIELD STREETOr aliao Y—Inquiry Made By: Larry Audette 413-539-7381 Date of Inquiry: I 6/3/16 Fire Line Irrigation r Domestic Unmber of Type of Single Family X Condo's LI Type of Private X i 8 ' Unit(s): Apart. Comm. Ownership: . Condo X Multi-family Rental r I (Applicant to fill opt the above) Municipal Water Main in Existing service to Front of Location? Yes No: site? Yes: No I Size of Water Main: 10 Material: cj Age: 19I Approximate Static Street Ps' Flow Test Conducted: Yes: No: Pressure: If done attach results rl Size of Service Connection �� in` Suggested Meter Size: /st Comments: The Water Department cannot guarantee adequate water pressure during peak demand times at elevations above 320 feet. Fa. L $ijE- pLJk3iJ ppookt . c --1L-i0' • A corresponding water entrance fee shall be paid prior to making any connection to the municipal water system. • Arrangements of such installation shall be made with the Northampton Water Department with a minimum of5 working days notification. All vork sha I coofif°��gRNorthampton Water Department specifications. ( v(AA—, I 've"/� DPW Engineering Dept. A/ Pe Water Entry S;� Meter S /3 Ci Radio S /3. cc: City of Northampton Building Dept./Commissioner /® _ /G8o --- Note: Note: If this availability is for a new construction.it must be hand delivered to the Building Inspector. / tit �ioni n .a 4veil , � �3 0 ilii LDNUC.PAL SEWER/AVAILABILITY APPLICATION Northampton Streets Department 125 Locust Street Northampton, MA 01060 587-1570 A Department of Public Works Trench Permit and Sewer Entry Permit shall be requhtd prior to any construction or connection activity associated with this application. Location: 68-70-72 - 74 HATFIELD STREET Date of Inquiry: 6/3/16 Larry Audette 413-539-7381 Reason for Request: NEW CONSTRUCTION B UNITS Municipal Sewer Main in Front of Location: Yes " / No Municipal Storm Drain Available: 5 1/2 deep Yes ✓ No Size of Sewer Main: 1119 Material: \16--. Age: t 24,1 At Depth of Sewer Main: _^✓`� Length of Sewer Main: `y1 I') 'r C>CtC`%0S'�L^ -"t S W1(4 /d Size of Service Connection: 6 UJ p u H14- Type of Service Connection: _L -‘L-1 -' . SP DS-1-1A( -(7‘ VY rrc Tie-in to Sanitary Main u/ \ Tie-in to Sanitary Stub Comments: 9 ,/ __� / � w.c'c5f'.p .. 6.�: .,7r ,1'T: Po,Air St- Prove cam, u� '� � l t�0 Torr. E — Note: If this availability is for new construction, this form must be hand delivered to Building Inspector. A corresponding"sewer entrance fee'shall be paid prior to making anyconnection to the municipal sewer system.Arrangements of such installation shall be made with the Northampton Streets Department with a minimum of 5 working days notification. All work shall conform to Northampton Streets Department sr ifications. —7-4)121> //yy //++ cc: City of Northampton Building Dept./Commissioner Ar c9OV (6 '7o-7;-7Y) / 5- —HA r — -- — 1,1 LI CI bi Permit No. D16-1.6.6 il CITY OF NORTHAMPTON, MA DRIVEWAY PERMIT Date: 6/3/16 Check#: 5022 FEE: $250.00 Proposed driveway must be staked and address and/or lot number posted. Public Shade Trees a are protected by MGL Chapter 87. Do not cut, trim or remove any trees on City property. The undersigned respectfully petitions your honorable body for: A NEW CURB CUT Permission to install a driveway at: 68 —70—72 —74 HATFIELD STREET / HATFIELD CORNER Fifteen (15) foot maximum width from street line to property line. Gutter drainage not to be disturbed. All drainage shall be directed off the driveway surface to adjacent land and not on the existing roadway. The first one hundred(100) feet of the driveway surface shall be paved as soon as possible if the grade of the proposed driveway exceeds 3% at any point in the first one hundred (100) feet. Homeowners will be held responsible for any costs to the City of Northampton in the event of a washout of this driveway. City is not responsible for culverts installed under driveways in City layout. Code of Ordinances §350-8.8 providing standards for private, individual driveways as most recently amended, must be followed. By: _Os Avae7TelL. P. rkde }e F4der5 Telephone: 4I��- 5Y9 -73S I K/ Signature f1 .. /,%, ,, Proposed Location Inspection Bcilia- '.'ut ilxh, -w -IS-2otin Gravel Base Grade Inspected By: Final Approval: Director of Public Works Cc: Building Inspector It t1s1-i-, MI - ' _ ,-,,„,,,.,,._1 1n -re— ,I. r At %ra -4-- krL1 C( }{ V i4 F9 of - I di (SUBJECT TO ATTACHED CONDITIONS 1 &2) Permit No. D16-16 Conditions: Driveway Permit In lieu of plan approved by the City Engineer I agree to the following added conditions: 1. I will contact the Department of Public Works and have an inspector check and approve the graded gravel base prior to paving to insure compliance with slope and location; 2. I further agree that if in the inspections, any of the permit conditions are not met that I will at no expense to the City remove and replace the driveway as directed by the City Engineer. By: azzaii4/ v Name: Larry Audette/L.P. Audette Builders Address: 717 Northampton St, Holyoke, MA 413-539-7381 Note: The Public Works Department recommends that you provide a plan showing the proposed driveway with grades and location in the future to avoid possible expense which you will incur by not getting approval of actual plans in advance. For Commercial and Industrial applicants, a plan showing the proposed driveway with grades, location and Planning Board permits are required. Cc: Building Inspector "SJR , 7 I' I z..i ,`z-E I sr i r` T:{ x =/ :IIs i �'I----- .. F' \ 1 r ), L � �l - T • T. Ft/ ATF Ff , O II , x 1 0 {� e PIAS OF LAM)IN m s , NOSfRVEYI NORTHAMY PTON REON MA StRR FY SCONSU HAMPCH .sa, surer CONSULTANTS RYA .. LARRY AUDETT - • �. I IIIIIIIIIIIItlI�II1�X IIII1411MItl11111 Bk: 12266Pg:316 Page: 1 of 13 Recorded: 05/31/2016 11:27 AM BYLAWS - - -- -- -- HATFIELD CORNER ASSOCIATION Table of Contents 56,//1 �J ji Section Page Q� 2. Powers and Duties of the Dins f2 3. Annual Fee Assessments 4. Insurance 5 5. Rebuilding and Restoration 6 6. Condemnation / tj 7 7. Improvements l/ 7 8. Rules and Regulations 7 9. Rules 8 10. Meetings 8 11. Amendments 9 12. Notice to Lot Owners 9 13. Inspection of Books; Reports to Lot Owners 9 14. Checks and Notes 10 15. Seal 10 16. Fiscal Year 10 17. Violations by Lot Owners 10 18. Violation of Law 11 19. Signs 11 20. Right to Notice and Hearing 1l 1. Definitions. Unless the context otherwise specifies or requires, the terms defined in these By-Laws shall,for all purposes of these By-Laws,have the meanings herein specified. A. ASSOCIATION. The"Association"shall be Hatfield Corner Association. Each Lot Owner shall be a member of the Association and entitled to one vote, per lot, as a member of the Association. The Association shall adopt By-Laws to govern its operation. B. DECLARANT. The term"Declarant"shall mean L.P.Audette Builders, Inc. C. DRIVEWAY EASEMENT. The term "Driveway Easement"shall mean the area within the easement, shown on the Plan as the "Common Driveway Easement" shown on the _-_-n Plan, anti shall fuftlter include-the."Utility Easement"and the"Sidewalk Eysemen@'sriown on the- Plan: the Plani It is the intention of the Association to apply to the-City erNorthamp[on for acceptance of $ctoad upon its completion. D. LOT. The term "Lot"shall mean each numbered parcel of the Property which is shown on the Plan as a numbered Lot. 1 E. OWNER. The term "Owner" shall mean the person or persons whose interest in a Lot aggregates fee simple absolute title to such lot. F. PERSON. The term "Person" shall mean an individual, corporation, unincorporated association, partnership, joint venture, trustee, conservator, administrator, executor or entity which has the right to hold title to real property. G. PLAN. The term "Plan" shall mean the Plan entitled Plan of Land in Northampton, Massachusetts dated March 30, 2016 and prepared by Northeast Survey Consultants, recorded with Hampshire Registry of Deeds in Plan Book 2.36 , Page7L. and as it may be revised from time to time showing Lots IR,2R, 3R and 4R. H. IMPROVEMENT. The term "Improvement" shall include buildings, outbuildings, garages, carports, driveways, walls, stairs, decks, poles, signs, swimming pools and structures of every kind and type, including fences. I. CONDOMINIUM UNIT. The term "Condominium Unit" shall mean each Unit of the four separate two-unit condominium constructed on each Lot used as a residence for a single family including any appurtenant garage. J. SINGLE FAMILY RESIDENTIAL USE. The term "Single Family Residential Use" shall mean the occupation or use of each Condominium Unit in conformity with the Ordinances and requirements of the Zoning Ordinance of the City of Northampton and applicable state,county and municipal rules and regulations. 2. Powers and Duties of the Directors A. There shall be a Board of Directors for Hatfield Corner Association consisting of not less than three directors all of whom shall be Condominium Unit Owners. The Board of Directors shall be elected for one-year terms at the annual meeting of Lot Owners held on the first Wednesday in January of each year. Each director shall serve until a successor is elected. The Declarant shall serve as the Board of Directors until thirty days after the sale of the fifth Condominium Unit. B. The Board of Directors shall have all powers necessary for administering the affairs of the Association. Such powers and duties of the Directors shall include, but shall not be limited to,the following: 1. operation, care, upkeep and maintenance of the easement areas and drainage facilities; 2. determination of the Annual Fee and other assessments or expenses required for the affairs of the Association, including but not limited to the maintenance of the easement areas and drainage facilities; 3. collection of the Annual Fee and Assessments,from the Lot Owners; 4. employment and dismissal of the personnel necessary or advisable for the maintenance and operation of the Association; 5. subject to the provisions of Section 7 of these Bylaws, adopting, amending, and administering (including waiving) Rules and Regulations 2 covering the details of the operation and use of the easement areas and drainage facilities; 6. opening bank accounts on behalf of the Association and, subject to the provisions hereof,designating the signatories required therefor; 7. managing and otherwise dealing with such facilities as may be provided for in the Declaration as being the easement areas and drainage facilities; 8. obtaining insurance for the Association, including the Lots, pursuant to the provisions hereof; 9. enforcing obligations of the Lot Owners, allocating income and expenses, and doing anything and everything else necessary and proper for the sound management of the Association. 10. conducting litigation as to any course of action involving the easement areas and drainage facilities or arising out of the enforcement of the ByLaws,Rules and Regulations,and Declaration; 11. to elect officers, including a president, treasurer and clerk. C. Any director may be removed from office by a unanimous vote of the other directors or at any meeting of the Lot Owners in which notice of the proposed removal has been given to the Lot Owners with the notice of the meeting. The Board of Directors may fill the vacancy of any elected director by appointment of a direct or who shall serve the unexpired term and serve until the next annual meeting of the Lot Owners. D. Amendments to ByLaws. L An amendment to these Bylaws may be proposed by the Board of Directors, or by Lot Owners having one-third of the votes. An amendment proposed by Lot Owners shall be submitted to the Board of Directors sufficiently in advance of an annual meeting or any special meeting to be included in the notice of that meeting. Notice of the proposed amendment, including its text a succinct statement by the proponents of its purpose and any brief rebuttal submitted to the Board, shall be included in the notice of the meeting at which the proposed amendment is to be considered. Any amendment shall require the approval of Lot Owners owning not less than eighty(80%)of the Lots. 2. No amendment shall change any or increase any Lot Owner's percentage share of the Annual Fee, or change the voting rights of Lot Owners, unless the amendment is executed by: (i)all of the Lot Owners,and(ii)all record holders of any liens thereon. 3. Annual Fee Assessments A. Commencing on the date of the recording of the first Deed, other than the Declarant,each Lot Owner shall be liable for Common Expenses in the same proportion as all the other Lot Owners, except that the proportionate share shall apply only to lots or Units that have been sold. The Directors shall at all times establish and maintain an adequate reserve fund for the periodic maintenance, repairs and replacement of improvements to the easement areas and drainage facilities and other areas that the Association may be obligated to maintain. Such reserve fund shall be funded by regular assessments for the Annual Fee and shall not be deemed to be common profits available for distribution. Assessment of the Annual Fee shall be allocated pro rata on a calendar year basis. 3 B. In addition to the foregoing (and not in substitution thereof), to ensure that the Association will have the funds to meet unforeseen expenditures or to purchase any services, the Association shall be capitalized with a payment of$500.00 from the purchaser of each Unit upon each Lot upon the initial sale of that Unit. C. In addition to the foregoing (and not in substitution thereof), the Association may, to such extent as they deem advisable, set aside common funds of the Association as additional reserves and may use the funds so set aside for reduction of indebtedness or other lawful capital purposes, and, subject to the provisions of Section 4 of these Bylaws, for repair, rebuilding or restoration of the easement areas or drainage facilities,or for improvements thereto, and for replacement of those easement areas and drainage facilities, and other proper contingencies. The funds so set aside shall not be deemed to be common profits available for distribution. D. At least thirty (30) days prior to the commencement of each fiscal year of the Association, the Directors shall estimate the Common Expenses expected to be incurred during such fiscal year, together with reasonable provision for contingencies and reserves, and for the reserve funds mentioned in Subsection C of this Section 2 and, after taking into account any undistributed common profits from prior years, shall determine the assessment for Common Expenses to be made for such fiscal year. The Directors shall promptly furnish copies of each budget on which such assessment is based to all Lot Owners.The Directors shall promptly render statements to the Lot Owners for the respective shares of such assessment, and each Lot Owner thereafter shall pay one fourth (114) of his or her share of the estimated Common Expenses monthly, in advance, on or before the first day of each month. The Directors shall not be obligated to render monthly statements. In the event that, at any time and from time to time, the Directors shall determine during any fiscal year that the assessment so made is less than the Common Expenses actually incurred or to be incurred, including but not limited to provisions for proper reserve funds, the Directors shall make a supplemental assessment or assessments and render statements therefor in the manner aforesaid, and such statements shall be payable and take effect as set forth in such statements.The Directors may, in their discretion, provide for payments of such supplemental assessment statements in monthly or other installments. The Directors shall have the authority and the duty to levy and enforce the collection of general and special assessments for Common Expenses. Assessments for the Annual Fee may not exceed 125% of the previous year's assessment without a vote by the Association with at least 75%majority in approval. E. The amount of each such statement, for regular or supplemental assessments, together with interest thereon, if not paid when due, at a rate of twelve percent(12%)per annum, together with all expenses, including attorney fees, incurred by the Directors in any proceeding brought to collect such unpaid Common Expenses and assessments, shall constitute a lien on the Lot of the Lot Owner assessed. The Directors shall take action to collect any Common Expenses and assessments due from any Lot Owner that remain unpaid for more than thirty (30)days from the due date thereof. In the event of any suit or foreclosure by the Directors, the Directors shall be entitled to interest the rate set forth above and all costs of collection, suit and foreclosure, including attorney fees. In addition to the lien in favor of the Directors for assessments for Common Expenses and assessments, such assessments shall also be the personal obligation of the Lot Owner at the time the assessment fell due. F. The Directors shall promptly provide any Lot Owner, or any Lot Buyer who has a duly executed Purchase and Sale Agreement for the acquisition of a Lot, or any mortgagee, or 4 the attorney of any such party,with a written statement of all unpaid Common Expenses due with respect to such Lot, signed and acknowledged in proper form for recording, upon the written request of such Lot Owner or buyer or mortgagee or attorney. Notwithstanding anything to the contrary in this Declaration of Association, including these Bylaws, such statements may be executed by any two (2) Directors or the President, the Treasurer or the Clerk. Recording such statement in the Hampshire Registry of Deeds shall discharge the Lot from any claim for any other sums unpaid not enumerated as of the date of such statement. G. Any first mortgagee who obtains title to a Association Lot, pursuant to the remedies provided in its mortgage or foreclosure of its mortgage,will be liable for six(6) months of such Lot's unpaid dues, common charges, or assessments (including interest and costs of collection and legal fees relating to the collection thereof) that accrue prior to the acquisition of title to such Lot by the Mortgagee. Any such delinquent assessments that were extinguished pursuant to the immediately preceding sentence may be reallocated and assessed to all Lots as a Common Expense. Any such sale or transfer pursuant to a foreclosure shall not relieve the purchaser or transferee of a Lot for liability for, nor the Lot from the lien of, any assessments made thereafter. 4. Insurance A. The Directors may, but are not required to, obtain and maintain, to the extent obtainable,the following insurance(and to pay premiums thereon as a Common Expense): (1) comprehensive general liability insurance covering all easement areas and facilities and any other areas under the supervision of the Directors, in such amounts and with such coverage as the Directors shall from time to time determine,with a combined single limit for both personal injury, death and property damage, of not less than one million dollars ($1,000,000.00), but at least covering each member of the Directors, the managing agent or the manager, if any, and each Lot Owner and with cross-liability endorsement to cover liabilities of the Association to a Lot Owner, and a severability of interest provision precluding the insurer's denial of a Lot Owner's claim because of negligent acts by this Association or other Lot Owners; (2) fidelity bonds in blanket form for all officers, directors, Directors and employees of the Association and all other persons handling or responsible for funds administered by the Association whether or not they receive compensation for their services. The total amount of fidelity bond coverage shall not be less than the estimated maximum funds, including reserve funds, in the custody of the Association or the management agent, as the case may be, at any given time during the term of such bond, and, in any event, the aggregate amount shall not be less than a sum equal to three (3) months' aggregate assessments on all Lots plus reserve funds, or one and one-half(11/2)times the insured's estimated annual operating expenses and reserves,whichever is greater. (i) The fidelity bonds shall name the Association as an obligee; (ii) The bonds shall contain waivers by the issuers of the bonds of all defenses based upon the exclusion of persons serving without compensation from the definition of"employees" or similar terms or expression;and (iii) The bonds shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten 5 (10) days' prior written notice to the Association and to the Mortgagees that are listed as scheduled holders of first mortgages in the insurance policy; and (3) such other insurance as the Directors may determine. B. The cost of all such insurance obtained and maintained by the Directors pursuant to the provisions of this Section 3 shall be a Common Expense of the Association. C. Any such insurance obtained and maintained by the Directors pursuant to the provisions of this Section 3 may have a deductible amount to be determined from time to time by the Directors (but in no event shall such deductible amount be greater than the lesser of ten thousand dollars ($10,000.00) or one percent (1%) of the policy face amount), who shall simultaneously specify, in writing with notice to all Lot Owners, how and by whom the amount of the deductible shall be paid in the event of a loss. D. All insurance obtained and maintained by the Directors shall conform to applicable requirements of the Federal Home Loan Mortgage Corporation ("FHLMC") and the Federal National Mortgage Association ("FNMA"), so long as FHLMC or FNMA hold one or more mortgages on Lots in the Association or any interest therein. E. Each Lot Owner shall carry insurance at his or her own expense for his or her ownership in each Condominium. F. Nothing shall be done or kept in any Lot or in the easement areas and facilities that will increase the rate of insurance without the prior written consent of the Directors, unless the Lot Owner responsible for such increase shall agree to pay the amount of such increase. 5. Rebuilding and Restoration A. In the event of damage to or destruction of the easement areas and facilities as a result of storm or other casualty, the Directors shall promptly adjust the loss, arrange for the prompt repair or restoration of the same, and disburse the proceeds of all insurance policies in payment of all costs and expenses actually incurred in connection with such repair or restoration in appropriate progress payments and with appropriate retainage. All insurance proceeds paid to the Directors as Insurance Directors on account of any casualty shall be dedicated first to the repair or restoration of the loss, and any application of said proceeds by the Directors on account thereof shall be prior to the application of such proceeds for any other purposes. B. In the event that the insurance proceeds are not sufficient to cover the cost of repairs to the easement areas and facilities, the balance of the cost of such repairs to each Lot will be assessed against all Lot Owners as a Common Expense. C. The Directors may perform emergency work essential to the preservation and safety of the Association, including all parts of the easement areas and facilities, or the safety of persons, or required to avoid the suspension of any essential service to the Association, including all parts of the easement areas and facilities. D. Subject always to the prior rights of the Lot Mortgagees, if there shall have been a repair or restoration pursuant to the foregoing, and the amount of insurance proceeds shall have exceeded the cost of such repair or restoration,then the excess of such insurance proceeds, if any, 6 shall be added to the Association's reserve fund or, at the option of the Directors, divided among all the Lot Owners in proportion to their respective interests in the easement areas and facilities. 6. Condemnation—Eminent Domain In the event of a total or partial taking under the powers of eminent domain, the Lot Owners shall be represented by the Association acting through the Directors. In the event of a partial taking, the award shall be allocated to the respective Lot Owners according to their undivided interest in the easement areas and facilities, except as to such portion or portions of the award that are attributable to direct or consequential damages suffered by particular Lots as determined by the Court, which shall be payable to such Lot Owners or their mortgagees, as their interests may appear. Subject always to the prior rights of the Lot Mortgagees, in the case of a total taking of all Lots and the easement areas and facilities, the entire award shall be payable to the Directors to be distributed to the Lot Owners and their mortgagees in accordance with their respective percentage interests in the easement areas and facilities. 7. Improvements A. If fifty percent(50%)or more but less than seventy-five percent(75%)of the Lot Owners agree to make an improvement to the easement areas and facilities, the cost of such improvement shall be borne solely by the Lot Owners so agreeing. B. Seventy-five percent (75%) or more of the Lot Owners may agree to make an improvement to the easement areas and facilities and assess the cost thereof to all Lot Owners as a Common Expense. 8. Rules and Regulations A. The Directors have adopted the initial Rules and Regulations set forth on Exhibit B, which is annexed hereto and hereby incorporated herein by this reference and made a part hereof, governing the details of the operation and use of the easement areas and facilities and containing such restrictions on, and requirements respecting the use and maintenance of, the easement areas and facilities as are consistent with the provisions of the Declaration and designed to prevent unreasonable interference with the use by the Lot Owners of the easement areas and facilities. B. The Directors shall administer such Rules and Regulations. C. The Directors may at any time and from time to time amend, rescind and waive any or all such Rules and Regulations. D. The Directors may at any time and from time to time adopt other Rules and Regulations governing the details of the operation and use of the easement areas and facilities and containing such restrictions on, and requirements respecting the use and maintenance of, the easement areas and facilities as are consistent with the provisions of the Declaration and designed to prevent unreasonable interference with the use by the Lot Owners of the easement areas and facilities. E. Notwithstanding the foregoing provisions of this Section 7: 7 (i) The Directors shall furnish copies of any new rule or regulation, or amendment of any existing rule or regulation,to the Lot Owners prior to the time when such new rule or regulation, or amendment,as the case may be, shall become effective; and (ii) The Lot Owners, by majority vote, may at any time and from time to time rescind, amend or waive any rule or regulation promulgated by the Directors (including but not limited to the initial Rules and Regulations referred to hereinabove); and (iii) Any waiver, revision, amendment, adoption or enforcement of a rule or regulation whether by the Directors or the Lot Owners as hereinbefore set forth, shall be uniformly binding upon all Lot Owners. 9. Rules In addition to any Rules adopted by the Directors,the following rules shall apply: A. No animals may be raised or maintained on any lot except as ordinary household pets not exceeding forty pounds in weight. Dogs shall be restrained on a leash at all times. No dog shall be housed out-of-doors in any separate kennel,cage, pound or doghouse. B. No vehicle shall be parked on the Driveway Easement for more than twelve hours. No unregistered vehicle shall be parked or stored on any lot. C. All landscaping and lawn maintenance shall be done by the Association, except Unit Owners will be responsible for their own back yard shrubs and any areas in the rear yards with personal property. D. No fences shall be erected on any lot, excepting the fence on the southerly border, without the written approval of the Board of Directors which shall be recorded in the Registry of Deeds. E. No personal property shall be left or otherwise placed in the front or side yard of any Lot,except that Lot 4R may have property on the back side of the garage. 10. Meetings A. The Board of Directors shall meet annually on the date of the Annual Meeting of the Lot Owners. Other meetings may be called by any Director, and in such other manner as the Directors may establish, provided, however, that written notice of each meeting, shall be given at least five (5) days before such meeting to each member of the Board of Directors. A majority of the Directors shall constitute a quorum at all meetings. All meetings shall be conducted in accordance with such rules as the Board of Directors may adopt. B. There shall be an annual meeting of the Lot Owners on the first Wednesday of January in each year at 7:00 p.m. or at such reasonable place and time(not more than twenty-one (21) days before or after said date) as may be designated by the Board of Directors by written notice given to the Lot Owners at least fourteen(14)days prior to the date so designated. 8 Special meetings of the Lot Owners may be called by them upon the written request of any three(3)Lot Owners. Written notice of any such meeting designating the place,day and hour thereof shall be given by the Board of Directors to the Lot Owners at least fourteen (14) days prior to the date so designated. At the annual meeting of the Lot Owners, the Board of Directors shall submit reports of the management and finances of the Association. Whenever at any meeting the Board of Directors proposes to submit to the Lot Owners any matter with respect to which approval of or action by the Lot Owners is necessary or appropriate, the notice of such meeting shall state and reasonably specify such matter. A quorum of Lot Owners shall consist of ten(10)Lot Owners. C. Any Director or Lot Owner may at any time waive notice of any meeting in writing, and such waiver shall be deemed equivalent to giving such notice. Attendance at any meeting by a Director or Lot Owner without objection to lack of notice shall constitute a waiver of notice by such Director or Lot Owner. If all of the Directors are present at any meeting of the Directors or if all of the Lot Owners are present at any meeting of the Lot Owners, respectively, no notice shall be required, and any business may be transacted at such meeting of the Directors or Lot Owners,respectively. D. Written or recorded minutes of all meetings shall be kept and be available to all Lot Owners. Written minutes are required for all actions. 11. Amendments These By-Laws may be amended by a two-thirds vote of the Directors at any regular or special meeting of the Directors so long as the Directors have provided note of the proposed amendment to the Lot Owners prior to the vote, except that no amendment may be made to the those sections establishing the financial obligations of the Lot Owners, specifically Section 3D. and Section 7,without approval by an 75%majority of the Lot Owners. A revision of a proposed amendment that corrects grammar or the way a proposed amendment is written will not require new notice to the lot owners if the substance and intent of the amendment is not significantly altered by the revision. 12. Notices to Lot Owners Every notice to any Lot Owner required under the provisions hereof, or that may be deemed by the Directors necessary or desirable in connection with the execution of the Association created hereby or that may be ordered in any judicial proceeding, shall be deemed sufficient and binding if a written or printed copy of such notice shall be given by one or more of the Directors to such Lot Owner by leaving such notice with him or her at his or her residence in the Association or by mailing it, postage prepaid, addressed to such Lot Owner at his or her address as it appears upon the records of the Directors,at least five(5)days prior to the date fixed for the happening of the matter, thing or event of which such notice is given, unless a different period for the giving of such notice is specified in these Bylaws. 13. Inspection of Books; Reports to Lot Owners The Directors shall keep detailed records of their actions, minutes of their meetings, minutes of the meetings of the Lot Owners, and financial records and books of account of the Association, including a chronological list of receipts and expenditures, as well as a separate 9 account for each Lot, which, among other things, shall contain the amount of each assessment of Common Expenses against such Lot, the date when due, the amounts paid thereon, and the balance remaining unpaid. Copies of the Declaration and these Bylaws, Rules and Regulations, and site plans of the property, as the same may be amended from time to time, shall be maintained at the office of the Directors. All of the foregoing records, accounts and documents shall be available for inspection by Lot Owners,their authorized agents, and lenders, mortgagees, holders, insurers and guarantors of any mortgage on any Lot at all reasonable times. "Available' shall mean available for inspection, upon 48 hours written notice, during normal business hours or under other reasonable circumstances. The Directors shall, within sixty (60) days after the close of each fiscal year, or more often, if convenient to them, submit to the Lot Owners a report of the operation of the Directors for such year, which shall include financial statements in such summary form and in such detail as the Directors shall deem proper. Except in the case of fraud, committed by any Director, any person(other than a mortgagee or mortgage insurer or guarantor) who has been furnished with such report and shall have failed to object thereto by notice in writing to the Directors, given by registered or certified mail within a period of sixty(60)days of the date of receipt by him or her, shall be deemed to have assented thereto. The holders of fifty-one percent(51 %) or more of first mortgages shall be entitled to have an audited statement prepared at their expense within a reasonable time if one is not otherwise available. 14. Checks and Notes Checks, drafts and other instruments for the payment of money drawn or endorsed in the names of the Directors or of the Association may be signed by any two (2) Directors or by any person or persons (who may be one of the Directors) to whom such power may, at any time or from time to time, be designated by not less than a majority of the Directors. All vouchers for the payment of any Common Expense shall be approved by not less than two (2) Directors in each instance. 15. Seal The Directors may, at any time or from time to time, at their discretion, adopt a seal circular in form bearing the name of this Association and the year in which this instrument was recorded in the Registry of Deeds, or a common or wafer seal, which shall be valid for all purposes. 16. Fiscal Year The fiscal year of the Association shall be the calendar year or such other date as may from time to time be determined by the Directors. 17. Violations by Lot Owners The violation of any rule or regulation adopted by the Directors, or the breach of any of these Bylaws, Or the breach of any provisions of the Declaration or of this Association or for the offending Lot Owner's Lot Deed shall give the Directors the right, in addition to any other rights set forth in these Bylaws, to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, or both,the continuance of any such breach. In addition to the foregoing,and not in substitution therefor, the Directors shall have the power to levy fines against Lot Owners for such violations. No fine may be levied for more than ten dollars ($10.00) for any one violation, 10 but each day a violation continues after notice shall be considered a separate violation.Collection of fines may be enforced against the Lot Owner or Lot Owners involved as if the fines were Common Expenses owed by the particular Lot Owner or Lot Owners. In the case of persistent violations by a Lot Owner,the Directors shall have the power, after notice and a hearing pursuant to Section 34 hereof,to require such Lot Owners to post a bond to secure adherence to said Rules and Regulations, Bylaws,Declaration, or said Lot Deed. 18. Violation of Law No noxious or unlawful activity shall be carried on in any Lot or in the easement areas and facilities nor shall anything be done therein, either willfully or negligently, that may be or become unreasonably annoying to the other Lot Owners or occupants. No Lot Owner shall make or permit any disturbing noises by himself or herself, his or her family, guests, agents, servants, employees, licensees, or tenants, nor do or permit anything by such persons that will unreasonably interfere with the rights, comforts or conveniences of other Lot Owners or occupants. 19. Signs No business, professional, commercial or other signs, whether designed for profit, altruism or otherwise, shall be maintained or permitted on any part of the property, nor shall any "For Sale," "For Rent," or "For Lease" sign be permitted thereon except by the Declarant during such time as the Declarant owns one or more Lots in the Association and except for any Mortgagee who may become the owner or Mortgagee in possession of any Lot, but in no event shall any such sign be larger than four(4) square feet. Any Lot Owner may display a "For Sale" sign on his or her lot during the time the property is actively marketed. The sign shall be removed as soon as the property has been sold. 20. Right to Notice and Hearing Whenever these Bylaws require that an action be taken after "Notice and Hearing," the following procedure shall be observed: All hearings shall be conducted by at least a majority of the Directors. The Directors shall give written notice of the proposed action to all Lot Owners or occupants of Lots whose interest would be significantly affected by the proposed action. The notice shall include a general statement of the proposed action and the date, time and place of the hearing. At the hearing, the affected person shall have the right, personally or by a representative, to give testimony orally, in writing, or both, subject to reasonable rules of procedure established by the Directors to ensure prompt and orderly resolution of the issues. The affected person shall have the right to question the Directors and any witnesses with respect to the subject matter of the hearing. If the hearing involves an alleged breach by the affected person of any provision of the Declaration, the Association's actions or the Bylaws and Rules and Regulations thereto, or any Lot deed, the affected person shall be informed with specifics of the exact nature of the violation and of the provision that he or she has allegedly violated, and the affected person shall have the right to question any witness to such alleged violation. The Directors need not comply with the strict legal rules of evidence observed by courts, but they shall consider only such evidence as reasonable people customarily consider in making important decisions. Nothing herein shall be deemed to limit the right of the Directors, the affected person, or any affected Lot Owners or occupants to bring legal action with respect to the subject matter of any hearing or any decision of the Directors. By-Laws of HATFIELD CORNER ASSOCIATION, adopted this 31'day of May,2016. WITNESS: HATFIELD CORNER ASSOCIATION ie/Ul/tt /J( L.P. AUDEd:UILDEy BY: AC/Asia Lawrence P.Audetc, President and Treasurer COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, SS. On this 31" day of May, 2016, before me, the undersigned notary public, personally appeared Lawrence P. Audette, President and Treasurer of L.P. Audette Builders, Inc. proved to me through satisfactory evidence of identification, which was my personal knowledge, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily as his free act and deed and as the free act and deed of L.P. Audette Builders, Inc. ,� '� Edward D. Etheredge /IilU-rtze c11- Notary Public tdward D.Ethered Notary ublic My Commission Expires My Commission Expires: 3/21 9 3/21/19 12 HATFIELD CORNER Rules and Regulations I. No parking on the Driveway Easement except temporary parking for visitors, and no overnight parking on the Driveway Easement. 2. Appropriate seasonal decorations shall be removed within two weeks after the holiday. 3. Outdoor grills may only be used in the Unit's driveway or the rear of the Unit and may not be stored in the front of any Unit. Grills shall be used in a safe manner. 4. No excessive noise or music shall be permitted that is excessive and disturbing to other lot owners. This does not apply to construction by the Declarant or any Unit owner as to repairs for which a building permit is obtained. 5. Trash shall not be kept outside. 6. Garage doors shall be kept closed when not in use. -I ATTEST: HAMPSHIRE, / i , REGISTER MARY •LBEREG NI6NN N NNNIN3 INNI 8k: 12286Pg: 307 Page: 1 of 9 Recorded: 05/31/2016 11:27 AM HATFIELD CORNER Declaration of Covenants, Restrictions Maintenance and Easement Agreement PREAMBLE f/,C This Declaration of Restrictions is made on this 3121 day of May, 2016 by L.P. Audette Builders, Inc., owner of the property on Hatfield Street in Northampton, Massachusetts d/b/a Hatfield Corner of 717 Northampton Street, Holyoke, Massachusetts, (Grantor herein) and HATFIELD CORNER as the Association of Lot Owners of Hatfield Corner for the property on Hatfield Street in Northampton, Massachusetts 01060 described in Exhibit A attached and incorporated herein. It is the intention of the Grantor, in furtherance of a plan for the improvement and sale of the Property, to sell and convey all of said property subject to the covenants, conditions and restrictions (Restrictions herein) as set forth in this Declaration of Covenants, Restrictions, Maintenance and Easement Agreement(the"Declaration"). It is the purpose of this Declaration to further the development of Hatfield Corner as a four duplex building on four lots via a common driveway and as set forth in the Decision of the Northampton Planning Board dated March 11, 2016 and recorded in the Hampshire Registry of Deeds in Book 12274, Page 68 (the "Decision") and the Plan of Land in Northampton. Massachusetts dated May 30, 2016 approved by the Northampton Planning Board on April 11, 2016 and recorded in the Hampshire Registry in Plan Book 28 , Page 75 (the "Plan"). The provisions of this Declaration shall be understood and construed to accomplish those objectives. Every person, by acceptance of his or her Lot does thereby agree to be bound by the Restrictions contained in this Declaration. ARTICLE I DEFINITIONS. Unless the context otherwise specifies or requires, the terms defined in this Article I shall, for all purposes of this Declaration, have the meanings herein specified. ASSOCIATION. The "Association" shall mean the Grantee, HATFIELD CORNER,which shall be the association of Lot Owners. GRANTOR. The term "Grantor" shall mean L.P. Audette Builders, Inc., its successors or assigns. GRANTEE. The term "Grantee" shall mean HATFIELD CORNER, the Association. DECLARANT. The term "Declarant" shall mean the Grantor L.P. Audette Builders, Inc. its successors or assigns. 1 DRIVEWAY EASEMENT. The term "Driveway Easement" shall mean the area within the easement, shown on the Plan as "Common Driveway Easement", a portion overlaps utility and driveway easements. LOT. The term "Lot" shall mean each numbered parcel of the Property which is shown on the Plan as a numbered Lot, being Parcel IR, 2R, 3R and 4R. LOT OWNER. The term "Lot Owner" shall mean the person or persons whose interest in a Lot aggregates fee simple absolute title to that lot, which shall mean the owners of each condominium unit shall have one-half of a vote. PERSON. The term "Person" shall mean an individual, corporation, unincorporated association, partnership,joint venture, trustee, conservator, administrator, executor or entity which has the right to hold title to real property. PLAN. The term "Plan" shall mean the Plan entitled PLAN OF LAND IN NORTHAMPTON, MASSACHUSETTS dated March 30, 2016 and recorded with the Hampshire Registry of Deeds in Plan Book 2$44 Page '15 , and as it may be revised from time to time. IMPROVEMENT. The term "Improvement" shall include buildings, outbuildings, garages, driveways, walls, stairs, decks,poles, signs, and structures of every kind and type, including fences. SITE PLAN APPROVAL CONDITIONS. The term "Site Plan Approval Conditions" shall mean the Conditions approved by the Decision of the Northampton Planning Board, dated March 11, 2016 and recorded in the Hampshire Registry of Deeds in Book t zz vi Page 4 $ UTILITY EASEMENT. The"Utility Easement" shall that portion of the Property shown on the Plan as the Utility Easement on the Plan, a portion overlaps the common driveway and sidewalk easements. ARTICLE II PROPERTY SUBJECT TO RESTRICTIONS AND EASEMENTS AND COVENANTS. The Property subject to the Declaration shall be the land shown on the Plan being Parcel 1R,2R, 3R, 4R and the common driveway and utility easements. ARTICLE III 1. PERMITTED USES AND RESTRICTIONS. Each lot within the Property shall be for the exclusive use and benefit of the Owner thereof, subject, however, to all of the limitations and restrictions of these Covenants and the Decision. 2 A. Use of Common Driveway Easement. The Common Driveway is subject to easements for the benefit of all Lot Owners, except as limited by these Restrictions and to the right of the Declarant to grant easements for the construction and maintenance of utility lines, pipes, conduits, transformers,junction boxes, pedestals and other apparatus necessary for the servicing of said Lots. All maintenance, repairs and improvements of said Common Driveway Easement (including snow removal) shall be the joint obligation of the Lot Owners. C. Utility Easement. The Utility Easement is a portion of the Common Driveway and Sidewalk Easements and overlaps those easements, as shown on the Plan. The Grantor retains the right to grant utility easements to the City or other utility service providers within the Utility Easement. The Association shall be responsible for the utilities within the Utility Easement Area. Each Lot Owner shall be responsible for the utilities within each Lot Owner's lot outside the Utility Easement. D. Sidewalk Easement. The Association shall be responsible for the maintenance of the Sidewalk Easement including snow removal. Each Lot Owner shall have access in common with all Lot Owners to the sidewalk in the Sidewalk Easement. E. The Association shall be responsible to maintain the common mailboxes and keep them accessible at all times. F. The Association shall be responsible for the maintenance of the planted area and landscaping within the portion of the Common Driveway Easement. 2. RESTRICTIONS. A. No Lot shall be subdivided except that each parcel shall contain a two unit condominium. (i) No outbuilding or structure shall be constructed on any lot other than the principal condominium/residence except a small storage shed of no more than 60 square feet, located in the back yard only and in compliance with zoning setbacks. (ii) Notwithstanding the foregoing restriction, Parcel 4R may construct a separate four car garage and storage building on the southerly side of Parcel 4R. B. Improvements in Driveway Easement. No improvements of any kind or additions or alterations thereto shall be made, erected, placed or allowed to stand in the Driveway Easement Area of each lot, PROVIDED, however, that the Declarant reserves to itself, its successors and assigns the right to install a common mailbox in the Driveway Easement. C. Exceptions for Declarant. Nothing contained in the Restrictions shall be construed to prevent the erection or maintenance by Grantor, or its duly authorized agents, of structures or signs necessary or convenient to the development, sale, operation 3 or other disposition of the Property. However, any such structures or signs shall be removed by the Grantor upon the sale of the last lot. D. Improvements Reserved to Grantor. It being further provide, however, that the Grantor reserves to itself, its successors and assigns, the right to conduct or permit the following activities: (i) The construction and maintenance of the Driveway, Utility and Sidewalk Easements as shown on the Plan, together with such culverts and drainage ways as the Declarant may deem appropriate. (ii) The installation and maintenance of utilities to service any or all of the Lots shown on the Plan. (iii) The construction of all fo the units ont eh Plan. E. Nuisances. No refuse, rubbish vehicle parts or bodies of junk waste or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any Lot which will or may render any such Lot or any portion thereof unsanitary, unsightly, offense or detrimental to any other lot and no activity, structure or devise shall be conducted, built or maintained which is or may be offensive or detrimental to any of the other property in the vicinity or to its occupants. F. Repair of Improvements. No Improvement upon any lot shall be permitted to fall into disrepair, and each such Improvement shall at all times be kept in good condition and repair and adequately painted or otherwise finished. G. Trash Containers and Collection. No garbage or trash shall be placed or kept outside on any lot except on days of scheduled pick-ups, and only in covered containers. No commercial rubbish trucks shall be allowed on the Driveway Easement and containers for such on collection days shall be placed at the intersection of the Driveway Easement and Hatfield Street. ARTICLE IV DEFINITIVE SUBDIVISION APPROVAL CONDITIONS AND MAINTENANCE AND IMPROVEMENT REQUIREMENTS 1. CONDITIONS. The Northampton Planning Board issued a Site Plan Approval Decision on March 11, 2016 with conditions applicable to each lot. 2. MAINTENANCE OBLIGATIONS OF THE ASSOCIATION. The Association shall maintain the stormwater facilities in compliance with a Storm Water Management Plan, prepared by the Association, and provided to the Planning Board and Department of Public Works of the City of Northampton. A. Maintenance and Inspection schedules and procedures for storm water facilities are provided in the Stormwater Management Plan to be recorded in the Hampshire Registry of Deeds. 4 B. The Association shall comply with the Stormwater Plan. C. The Grantor shall be solely responsible for the maintenance and upkeep of the drainage easements, detention basin and street light fixtures until the sale of the first lot. The cost of such maintenance shall be allocated to the Association upon the sale of the first lot. 3. INITIAL CAPITAL ACCOUNT. A. The Grantor shall be responsible for all maintenance and repairs of the Lot Owners until the sale and transfer of the first lot. The cost of such maintenance shall be an expense of the Association. B. After the transfer of one (1) lot, the Grantor shall pay an annual fee to the Association for each Lot the Grantor owns which has not been built upon. The initial annual fee shall be set by the Grantor. C. Upon the initial sale of each Lot, the Lot Owner (Purchaser) shall pay, at closing, to the Association an initial capital account payment of $500.00 to fund a "Capital Account" for the Association. ARTICLE V AMENDMENTS AND REVISIONS 1. Notwithstanding any provisions to the contrary in any Article of this Declaration, the DECLARANT reserves to itself the full power and authority to amend or revise any provision of this DECLARATION, provided it does not materially affect the Lots already sold by the Grantor. ARTICLE VI OWNERS' ASSOCIATION ANNUAL FEE, PERCENTAGE INTEREST 1. The Association shall have the management of the property on the Plan subject to this Declaration. 2. The Grantor shall serve as the sole member of the Association for voting and management until three (3) Lots, comprising six individual condominium units, in the subdivision have been sold. The sale of a Lot shall mean the sale of both units of the Condominium on each Lot. 3. The allocable portion of the fees (HOA) for the Association shall be allocated as 25%to each Lot. 4. The By-Laws of the Association shall provide for an annual fee for the management of the Association and the Association shall be comprised of the Owners of each Lot on the Plan. 5 5. The Lot Owners shall comply with the By-Laws, as amended, vote and pay the annual fees for the Association. ARTICLE VI MISCELLANEOUS PROVISIONS I. AMENDMENT AND DURATION. A. Amendment or Repeal. These Covenants and Restrictions, except for Article IV may be amended or repealed at any time by the written consent of two-thirds (2/3) interest of the Owners of the Lots (including one vote for each Lot owned by the Declarant). Such amendment or repeal shall not be effective until such time as it has been recorded with the Hampshire Registry of Deeds. Notwithstanding the foregoing, no such amendment or repeal will be valid the intent of which is to enable the Lot Owner(s) to further subdivide their Lots. B. Duration of Restrictions. Subject to the provisions of Section A of Article IV, hereof, this Declaration shall continue and remain n full force until August 1, 2039; thereafter the term Declarant and the Restrictions may be extended for further periods of twenty (20) years each in the manner provided in Massachusetts General Laws Chapter 184 Section 28,as it may be amended from time to time. C. The Easements and Covenants are part of a "common scheme" as approved by the Northampton Planning Board and such Easements and Covenants shall not expire by time. 2. ENFORCEMENT AND NON-WAIVER. A. Right of Enforcement. The Restrictions are for the benefit of the Property and shall run with the land. Except as otherwise provided herein, any Lot Owner of any Lot, including the Declarant, shall have the right to enforce any or all of the provisions of the Restriction, B. Violation of Law. Any violation within the Property of any state law or any regulations pertaining to the ownership, occupation or use of the Property is hereby declared to be a violation of the Restrictions and subject to any or all of the enforcement procedure set forth in said Restrictions. C. Fines and Penalties. After notice and opportunity to cure, the Association, by vote of its officers may assess a fine of up to $50.00 per day for any violation of these Restrictions. D. Interest and Unpaid Assessments. Any assessment or portion of the annual fee which is not paid, when due, shall accrue interest at the rate of twelve (12) percent per annum. 6 E. Legal Proceedings. The Association may bring an action in the Hampshire County courts, in equity, for enforcement of theses Restrictions and, at law, to collect any unpaid assessments, fees, fines or other charges, which shall constitute a lien on the Lot, until paid. F. Remedies Cumulative. Each remedy provided by the restrictions is cumulative and not exclusive. G. Non-Waiver. The failure to enforce any of the provisions of Restrictions at any time shall not constitute a waiver of the right thereafter to enforce any such provisions of said restrictions. 3. CONSTRUCTION AND SEVERABILITY; SINGULAR AND PLURAL. PLURAL. A. Restrictions Severable. Each of the provisions of the Restrictions shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provisions. B. Singular Includes Plural. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall include the masculine, feminine and neuter. C. Cautions. All captions or titles used in the restrictions are intended solely for the convenience of reference and shall not affect that which is set forth in any of the provisions of said restrictions. D. Governing Law. These declarations and restrictions shall be governed by the laws of the Commonwealth of Massachusetts. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals. L.P. AU P ?TTE BUILDERS, INC. B 9 41117A' / �/ ts Witness awrence P. Audette, President and Treasurer 7 COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, SS. On this 31" day of May, 2016, before me, the undersigned notary public, personally appeared Lawrence P. Audette, proved to me through satisfactory evidence of identification, which was my personal knowledge, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for L.P. Audette Builders, Inc., as its free act and deed. Edward D. Etheredge C/(p Notary Public dward D. Ere ge,No Public My Commission Expires My Commission Expires: 3/21/19 3/21/19 8 Exhibit "A" The land in Northampton,Hampshire County,Massachusetts,together with the buildings thereon, bounded and described as follows: PARCEL ONE: Beginning at the point of intersection of the Southerly side of Bridge Road and the Westerly side of Hatfield Street; thence running NORTHWESTERLY along the Southerly side of Bridge Road,two hundred seventy-nine(279)feet and three(3")inches;thence running SOUTHWESTERLY along land of one O'Connor and at an interior angle of 96 degrees one hundred fifty-nine(159')feet and one(1")inch to other land of Moriarty thence running SOUTHEASTERLY along other land of Moriarty one hundred eighty-two(182')feet and four(4") inches,more or less,to the Westerly side of Hatfield Street;thence running NORTHEASTERLY along the westerly side of Hatfield Street two hundred ten(210')feet and eight (8")inches to the point of beginning and forming an interior angle of fifty-seven(57-)degrees thirty- five(35)minutes with the first described bound. EXCEPTING so much as was taken by the City of Northampton by instrument dated June 2,2005 and recorded in the Hampshire County Registry of Deeds in Book 8314,Page 34. PARCEL TWO Beginning at the Southeasterly corner of the land hereinbefore described as "Parcel One"thence running NORTHWESTERLY along the Southerly boundary of said "Parcel One" and as extended in a straight line therefrom two hundred fifty-two (252)feet and four(4") inches more or less; thence running SOUTHWESTERLY forty-two (42')feet more or less to land now or formerly of one O'Connor; thence running SOUTHEASTERLY along said land of O'Connor two hundred twenty-one(221)feet,more or less, to the Westerly side of Hatfield Street; thence running Northeasterly along the Westerly side of Hatfield Street, sixty-five(65')feet,to the point of beginning. EXCEPTIN so much as was deeded in Deed recorded in Book 1233,Page 500. Being the same premises conveyed to L.P. Audette Builders, Inc. by deed dated October 1, 2014 and recorded in Hampshire Registry of Deeds in Book 11787, Page 101. 4 t, , REGISTER P3 MARY$i LBEHD'�� cCSTau of. Mar amp- an ,-fp_4o _55 C Z ifiassarbusr#s DEPARTMENT OF BUILDING INSPECTIONS .1% 212 Main Street • Municipal Building -ry »m Northampton, MA 01060 INS PFCT0B Larry Audette Builders Inc. June 15, 2016 717 Northampton Street Unit 60 Holyoke, MA 01040 Subject Location: 68 Hatfieldtreet Map Block: 18C-. I�Y9 $' Mr.Audette, '�L` Your building permit application with plans dated 6-6-16 has been approved as drawn, noted and per this memo. All work must meet applicable codes whether or not included within this memo. Please follow up on the following items: These items will need to be accomplished as the project moves forward and before rough inspections; 1. Roof and floor truss layout and calc sheets are required. 2. smoke, Heat and CO detectors throughout the structure to current building codes. 3. An emergency escape window is required within every bedroom, basement and walk-in attic. 4. An air barrier is required between the tub and the wall cavity. 5. If permeable insulation is used air sealing and an air sealing inspection is required at the exterior and interior skins. Typically the sheathing and drywall. Electrical boxes in the exterior envelope must have all holes sealed and be sealed to the drywall unless gasketed. 6. The windows at the bottom of the stairs will need to be tempered. 7. Double walls will require fire stopping at floor and ceiling and every 10"vertically, penetrations are limited see R302.4 8. HERS rater's inspections must be completed for insulation, air sealing, final blower door, duct blast. Final HERS<=70,test results and a signed Thermal Bypass Checklist are required for a CO. 9. All planning conditions must be satisfied before COs can be issued. Note:The 2012 IECC with MA amendments is the non-stretch energy code and the 9th Edition Building Code and new Stretch Code are expected to begin in July of 2016. As of August 4"'2011 the 8th Edition MA code is the 2009 IRC with MA amendments. In the following are some generic requirements which seem to be problematic. This is not intended to be comprehensive, nor is it a substitute for purchasing and reading the MA codes. Read only international codes are available on line at http://publicecodes.cvberregs.com/icod/one must also consider the MA amendments to these codes which can be found at www.mass.gov/dps/bbrs. The current relevant building codes are: 2009 IBC, 2009 IEBC,2009 IMC, 2009 IRC, 2009 or 2012 IECC,AA115, MA amendments. 1. Structures shall conform to 780 CMR 8th Edition 1 and 2 family building codes with MA amendments. 2. Grading plan for structures being constructed required. 780 CMR R401.3 for drainage requirements. 3. A basement drainage system is required in all basements 780 CMR R405.2.3. except those in group I soils(table R405.1) 4. Foundations that retain earth and enclose interior space require damp proofing 780 CMR R406.1. or if high water table or severe soils waterproofing 780 CMR R406.2. 5. Through wall form ties must be removed from both faces and patched with hydraulic cement. 780 CMR R406.2 of amendments. 6. Foundation anchor bolts must be ''/:" and be embedded a minimum of 7" into the concrete. 10" bolts! 780 CMR R403.1.6 7. CMU foundations require 3/8" parging before damp proofing.780 CMR R406.1 see exceptions. 8. Emergency escape is required out of every basement whether habitable or not, each bedroom and walk- in attics. 780 CMR R310.1 9. Crawl spaces can be treated in three different ways,vented (poor idea),exhausted (similar to exhaust only systems), or treating the space with supply and return. See 780 CMR R408 10. Ceiling joist are intended to prevent spread, once raised above the wall plate they become rafters ties and may require up sizing of rafters and increased nailing for example with a 4" slope 8-16nd common are required at each connection. 780 CMR R802.3.1. When there is neither of these a structural ridge is required with a load path to the foundation. 11. Steel straps over the ridge or 1x4 minimum collar ties are required 4' OC in the upper 1/36780 CMR R802.3.1 12. Ridge boards must be the full depth of the cut. 780 CMR R802.3. 13. A complete window and header schedule is required.780 CMR Table R502.5 for header sizing and number of jack studs required. 14. Wood walls shall be capped with double plates to provide overlapping at corners and intersecting walls with bearing partitions,joints staggered 2'minimum. 780 CMR R602.3.2 a. Exception:A single plate may be used or plates may be excluded over lintels provided the plates/lintels are adequately connected by a 3"x 6" plate .036 galvanized steel nailed to each segment with 6-8d nails 15. All framing materials which are not code prescriptive must have stamped engineering. a. LVLs b. I-joist and or Floor Truss c. Roof truss 16. All Hoist need to be protected from fire with ''/,drywall or 5/8 wood structural panel. (R501.3) 17. A braced wall plan identifying appropriate braced wall areas where required (R301.1) and braced wall method being used. 780 CMR 602.10. a. Garage corners and large corner window/door layout may require special solutions. b. All corners must be appropriately attached to the foundation. c. When using PFH (R602.10.3.3) or PFG (R602.10.3.4)the nailing requirement is 4" and 3" respectively using 8d common nails or galvanized box nails. PNEUMATIC nails must be full headed with the temper and shank sizing meeting the strict code requirement. 18. When nailing sheathing make sure your pneumatic nailers' pressure is properly set. Nails set too deep perforate the sheathing weakening it and contribute to building damage in high wind events. 19. Ceiling heights minimum 7'for habitable spaces, 6'8"for bathrooms includes tub/shower area if a shower head is used,6'8" for basements,6'4" at beams/ducts.780 CMR R305.1.MA amended 20. Hazardous glazing locations, within 24" of a door, or within 60" of a stair, or across from hot tubs, spas, bathtubs within 60" if not 60" above the walking surface, and other locations. 780 CMR R308.4 21. Windows over 72" above grade with the opening less than 24 above the finished floor shall meet the 4" sphere rule. Order restrictors. 780 CMR R612.2 22. Egress and emergency escape requirements shall be strictly met. a. Basements, habitable attics, and all sleeping rooms require emergency escape. 780 CMR R310 b. Windows within 44" of floor, DH 3.3 soft min window size, Casement 20"x41" exception 5 sqft at 1"floor.Minimum clear opening 20"x24" or 24"x20". 780 CMR R310.1.1 c. Two doors remote as possible at the normal level of travel,opening measured from the face of the slab to the stop with door at 90 degrees, one 32"and one 28" minimum 78" high. 780 CMR R311.2 d. Landing at each door 36" out and the width of the door minimum 36", maximum step 7%"from the top of the threshold and only in-swinging doors. 780 CMR R311.3 23. Stairs have critical standards, make sure you know the floor finishes when planning. Minimum tread 9", maximum riser 8%", maximum overall variance for the run is 3/8", 4"sphere rule on risers except where the total rise is 30" or less 780 CMR R311.7.4.3 Exception,4 3/8" on balustrade, 6" in the triangle. Graspable rail 1'%<" minimum and 2" maximum rail, height minimum 34" maximum 38", required for4 or more risers. Landing to landing constitutes a new run. Minimum 6'8" ceiling height from nosing. Rails must be continuous and returned to the wall if not to newel post. 780 CMR R311.7. 24. Guards 36" minimum height above walking surface, a bench is a walking surface, required for more than 30" above floor or grade within 36",4"sphere rule. 780 CMR R312.1. 25. Floor joist systems that are not equal to 1 'A" nominal dimension must be covered with %" drywall or 5/8" wood structural panel or equivalent with some exceptions. 780 CMR R501.3 26. Educate the plumber and electrician about maximum notch and hole sizes, and placement. 780 CMR R502.8 and R602.6. In bearing studs holes not larger than 40%of a stud no closer than 5/8 to the edge, In interior non-bearing studs holes not larger than 60%of a stud no closer than 5/8 to the edge, or holes in joist are a maximum 1/3 the depth not closer than 2" from the top or bottom or to any other hole. Notches are different. 27. Drilling or notching of more than 50%of the wall plate width of an exterior wall or load bearing partition requires a 16 GA 1 %2" strap across the area and 6" beyond each side with 8- lOnd nails. 780 CMR R602.6.1 28. Where dryer ducts penetrate the wall they must be sealed with fire caulk. 780 CMR M504.2 29. Dryer ducts must terminate outside of the building, have a backdraft damper, cannot include a screen, and require 3' clearance from windows. 780 CMR M504.4 30. Dryer duct transition is limited to 8' of aluminum flex, must be exposed,and the proper UL listing.780 CMR M504.6.3 31. Dryer duct maximum equivalent length is 35' less 5' per 90°elbow or per manufacturer's specs. 780 CMR M502.6.4, no screwed connections use foil tape appropriate for the use. 32. Dryer ducts when concealed must have a permanent label or tag within 6' of the duct connection 780 CMR M502.6.5 33. Makeup air is required for dryers exhausting more than 200 CEM. 780 CMR M504.5 34. Makeup air is required for any exhaust hood over 400 CFM. 780 CMR M505.2 35. Fireplaces require all combustion air be provided from the exterior and below the firebox, duct work maintaining 1" clearance for 5'from the duct outlet for all fireplaces and airtight doors. 2009 IECC 402.4.3 36. Fire and draft stopping shall be completed before rough inspection.Typical locations,top (ceiling) and bottom (floor) plates,soffits,and every 10'within enclosed cavities.780 CMR R302. 37. Ignition barriers are required over all thermal plastics and must be in place before final. 780 CMR R316. 38. Dwelling/Garage fire separation. An attached garage (within 3'of main structure) is required to have%" drywall on the garage side of the separation wall and if there is a finished space above the garage all walls must have Y"drywall and the ceiling 5/8" drywall. 780 CMR R302.6 39. Energy aspects shall comply with the stretch energy code. 780 CMR Appendix 115AA or 2009 IECC. a. An initial HERS evaluation is required including insulation levels anticipated. b. A final HERS evaluation confirming code requirements have been met including duct testing. c. A signed copy of the Thermal Bypass Checklist. d. Energy information including mechanical equipment posted on the electric panel. e. Remodeling and Additions can be completed in accordance with [ECC 2009 with Energy Star Windows and the Thermal Bypass Checklist. Duct blast testing when practicable. f. All band joist insulation must be enclosed within an air tight cavity,which you must create. 40. Vapor retarders. Although these are still in the code have exceptions, one must understand that there is a difference between a vapor retarder or barrier and an air barrier. An air barrier is intended to stop air flow (convection) a vapor retarder or barrier is intended to stop molecular moisture transfer(diffusion). A vapor retarder or barrier is effective even if there are some holes or gaps, however an air barrier has to be absolute and complete. If air can leak through an electrical device or through a crack it follows the path of least resistance and carries 99%of the moisture in a structure.This is evident every time one exposes fiberglass insulation and finds black insulation, which has filtered dirt out of the air moving through the insulation. 780 CMR R601.2 for vapor retarders and Table N1102.4.2 for air sealing requirements. 41. Unvented attic assemblies. Hot roofs are allowed, but have specific requirements 780 CMR R806.4. 42. Deck ledgers and post must be appropriately attached, bolts or lags. 780 CMR R502.2.2.1 Note:ThruLoks are engineered for post attachment supporting a railing. Lateral attachment is required for each deck per section 502.2.2.3. 43. Smoke and CO detectors as required. 780 CMR R314 and R315. a. Smokes in each bedroom, within 10'of a bedroom door, and at the bottom of a stair leading to a finished floor above. b. CO within 10'of bedroom doors, at each level, for every 1500 sqft, (plumbing code in the mechanical room) Except if there are no fossil burning fuels or attached garage. c. Heat detector in attached garage, and other large unfinished unconditioned spaces. 44. Closets beneath stair which have doors must be drywalled with%". 780 CMR R302.7 45. If there is mechanical equipment ora combustible roof, 30 sqft of space, and 30" measured from top of ceiling joist to bottom of rafters an attic access of minimum RO of 22"x 30" is required to be located in an accessible place. It must be insulated equal to surrounding, gasketed,and secured in place. 46. Clearances above gas stoves and cook tops burners is 24"to non-combustible or 30"to combustibles. Relevant items must be submitted to the building department for approvals before inspections and or Certificates of Occupancy can be issued. Feel free to call if you have any questions. My telephone number is 587-1240 and office hours are Monday through Friday, 8:30 am to 4:30 pm,excepting we close for walk-ins at 12:00 noon on Wednesdays. My email address is: cmiller(anorthamptonma.gov Thank you for your cooperation on these matters. uck I iHer City of Northampton Assistant Commissioner and Zoning Enforcement Mary Harding 43 Nonotuck St. Northampton, Ma 01062 Replace 13 Q -If' Floor joist b 2"x8"x5' '\\ Replace Sill Beam 6"x6°x18' Replace Sill Beam < 1SAdra n 6'"x6"x11' 1r 1""i"1il� Girder Beam Repair-Replacement Replace 25' v 2"x8"x18' 25, P K. 14' Sill Beam Replace Sill Beam 14' Replace one floor joist Beam. 2' x8"x7' Existing V 111111 Cellar Hatchway. Stairs Accepted; '114 Sy' i ) Date; rL —:? > — l ci-lome Owner CID / / ATE F a o.-= wEr G.____________________________7 � F • I� ��DGE ROAD A PERM W.Y j RESERVED�R REv,=NRE z • DOWN OS 13 — /:,so MOM m ER IPF85E543 W „GP/ MY EGG "' 8291' i ) > i b 09 PARCEL IR a z a PLAN 2533 II NC. ?a: N L AUOEFIE I I PARCEL 2P, PARCEL o`oy .IIIIIII II ILII waL -)M H�m" G u/f D< rv/v B m F 11 • �II III. Ilil L ¢ L c NV :III pt. z33 QO iB purtxn�o _ • o G0 iv a a 9.188 SO. 1`? En-P.PS sD. if.x / z ClDatl 13R)E 1 R LD'D9 ACS) / O iiiii _ In'� A --57:1-21. Q Q ___sJ>'oz'Slq y2 I �i / ..) RR n F 11TILITV / P w teN/FMOLLY MONEr-DERA DEED 7205-225 ie taN F ss EASEMENT / A z N r w „Es C.RUTKOWSKI DE_AD 1601-232 32 PLAN 320212s \ I f A P ox oP wkv a /� z w O O !II11 1 SDEW OSEMEN6) /// P" w p pc Pux ve-s \ern 4 / - T _m /. —mss'WI DE SIDEWALK I __ % EASEMENT n PARCEL 4R 4\L) I -7 ' - 4DR noxs 313883 Y•UI COMMON o m o n N/F tB3 �)i D5 -{'_ i)s.e i _� /� al Ervls) h h AL FROM CORNER Pux T„_PO /rye i / DRIVEWAY 7/ __f_ X 3� AR L DmE 3 EINC. ^) COMMON oRl 75• jpp ow UNQ // j/ eAZ u-22(0109 Ac-)� qr EAs MENT / AIG:�P m, E'� ''/ • fSIDEWALK)) // E o; w HELD FOR �� SR 5 IRF �/ R- OAM FROM CORNER / , r /4'� '�` LAWxoNCRTHAMP a°NOxu�A N�o,.SON,ROL z • / i IPF • APPROVAL REQUIRED o o DOWN DM r 3 a p o tac 95 . a WEE: _ W I \N7M c N x 1 rvn�D.De-W MDs wm re cRr 182 g/n o C a oFR `9 {`�'` rv>2D- 3 yc F c Ws Y IMF 96 /� a f) js. LES�D •� PLANNING BOARD_xmRswT RIEaT Is NOT I I I „7„7...20 PARCEL a ''VI ARE WCC ADABLE W/EIWOW eN_wT as_,�. E L ti s:D.., Eu.wpe�TOSS' • / I • 11-20 ASSESSORS _ _ III 9. 8: S a 91 "/r NOW OR s� PLAN 23-SB IIIDEED 73500382 . Iii p Z .1•4 A CALCULATED POINT „ • I' z,/ ZONING DISTRICT: RED < RD .CPI g L11 F< Ca . IRIRF ONON Roo TO RE SET ROD FOUND NOME 13.„. D URB(URBAN SI Grw-R) a , C LOT AREA: 1.FIELD SURVEY BY EWA TOTAL STATION. 2_Thus Rum WAS LOCI'S PROPERM UNE PREPARED - /`6 �MIN. LOI FRONTAGE 5.0' i� MOMS MIN.BOX) Pnrerrr NOW- MIN. MTLE REPORT AND IS D DEPICTED ON THIS PLAN _ — UNE!t) EASEMENTS THAT AREMAY BE SUBJECT TO A OT SHOWN. t o<Rlml:AND IRF GAITERS A"FRE MIN.REAR SETBACK: WEFARCE TS BOX 2R.N3 m=etre[n ONE PARTS CEL OF f' 'Zp 55 d REPORT WOULD DISCLOSE.THE _—— PARCELS 1R, 2R. 3R & 4R. ALL 4 PARCELS MIN.LOA AREA: -- OPOSED WE— ASSESSOR'S WI LINE _ MY PROFESSIONAL ENOwFnc_, _ MEET AREA AND FRONTAGE REQUIREMENTS o STOCKADECHAIN UM(FENCE INFDRMASON AHD BELIEFTHAT: DL<sNIN „y FREANTAGQ 50' SD.FP. FOR WS URE 20N/NP DIsffiICi uNG IELNN NAG„„ PREPARED IN CONFORMS(WM 913 ANG REGLtp30„„THE REGISTERS OF PROPOSED 09un EASEMENT AREA CDNUOrvvEALIH OF Mn4pCHusTli DEEDS DF SR N83 213 2333 3 Ih.REAR SErentt ¢D MMON E_ '_� PROPOSED wEWAL DRIVEWAY EASEMEN AREA T AREA [__ ] PROPOSED �.,EL�T AI>E. / [7330 SHEET NO. 1 GAN„;E.51455 PES eqizP 3 °' - 1 / - - - ---- - - --- BRIDGE ROAD _---- �, 3 .• �r i E ? K__// i i as,, , . # - - , „-______________ / e. efty-------= _ I RESFOCE f1LLLv _, I B , f� I ,'t i I • • --\1 I , I • \ ,. I I � k (( (1 , / I be -1 L_-,_ - . , / Ift 41/4+ - . ., ) �' %,;, • ' °;'-� »e� � ,/ —vim a " t w x > VII ` * ' �' r 1 _ '41 ,/ . iY3.‘ 7- '39i - . ...,,,,,, - , _ _ , ,_ , ______,_ _________ _ _ _ ___‘___,ty _________ _ __ _, , ., /.0 / - , 4, , // � .../- --_, - SITE PLAN NORTH CANON ' :I: '' A NEW EIGHT UNIT RESIDENTIAL DEVELOPMENT ..,, AT 68 HATFIELD STREET . NORTHAMPTON, MA 01060 � SCALE: 1"=20'-0"