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07-012 (17) File#MP-2006-0112 APPLICANT/CONTACT PERSON HOMSTEAD KERRY M&NEIL P ADDRESS/PHONE 408 NORTH FARMS RD (413) 584-0458 0 PROPER 408 NORTH FARMS RD MAP:07 PARCEL 011 001 ZONE RR THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE JON NG FORM LED OUT - Fee Paid i&39 IO Building Permit Filled out Fee Paid lypeof Construction: ZPA-DET ACCESSORY W/UNDERSTANDING ZBA APPROVED BREEZEWAY BEFORE OCCUPANCY OR BLDG PERMIT New Construction Non Structural interior renovations Addition to Existing Accessory Structure Building Plans Included: Owned Statement or License 3 sets of Plans/Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFATION PRESENTED: Approved Additional permits required(see below) 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 Variances 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 Commissr. : ,�s //// Signature of Building Official dr 'If Date —t LCO� 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 the Office of Planning&Development for more information. S i?e Mite � O� rt + Official Receipt for Recording in: Hampshire County Registry of Deeds Official Receipt for Recording in: 33 King St. Hampshire County Registry of Deeds Northampton, Massachusetts 01060 33 King St. Issued To: Northampton, Massachusetts 01060 ATTNS WILHELM SHIMEL & KING Issued To: WILHELM SHIMEL B KING Recording Fees • Document Recording Recording Fees Description Number Book/Page Amount m m a Document Recording DECIS 00025255 8868 151 $75.00 Description Number Book/Page Mount HOMSTEAO • DECIS 00025256 8868 154 $75.00 DEED 00025969 8876 255 $125.00 HOMSTEAD HDMSTEAD EXCISE $.00 $150.00 • Collected Amounts $125.00 • Collected Amounts Payment „ Type Amount Payment m m TyPe Amount Check 7489 $150.00 Check 7508 $125.00 $150.00 $125.00 Total Received : $150.00 Less Total Recordings: $150.00 Total Received : $125.00 Change Due $ 00 Less Total Recordings: $125.00 Change Due $.00 Thank You MARIANNE DONOHUE - Register of Deeds Thank You By: Kimberly M MARIANNE DONOHUE - Register of Deeds By: Maureen C Receipt# Date Time 0157989 09/07/2006 09:56a Receipt# Date Time 0158495 09/15/2006 09:13a Bk: 08876 Pg: 255 • II in 9k:81378P2:265 Pape: 1 of 3 PREMISES: 408 - 412 NORTH FARMS ROAD, NORTHAMPTON Recorded: 08/15/2006 08:13 AM WARRANTY DEED GRANTOR: NEIL P. HOMSTEAD and KERRY M. HOMSTEAD, of 408 North Farms Road, Northampton, MA 01060, FOR CONSIDERATION OF: $1. 00 GRANT TO: NEIL P. HOMSTEAD and KERRY M. HOMSTEAD, husband and wife, as Tenants by the Entirety, of 408 North Farms Road, Northampton, MA 01060, FOR THE PURPOSE OF MERGING TWO PARCELS INTO ONE PARCEL, WITH WARRANTY COVENANTS, the land and structures thereon in Northampton, Hampshire County, MA, located on the Westerly side of North Farms Road and being shown as Lot A on a Plan of Land entitled "Plan of Lot for Robert Wade" dated March 8, 1974, by Pharmer Engineering Corporation, Holyoke, Masschusetts, containing 15, 082 square feet, more or less, AND the land in Northampton, Hampshire County, Massachusetts, situated on the Westerly side of North Farms Road and being shown on a plan of land entitled "Northampton, Mass. Subdivision of Land for Robert N. & Audrey S. Wade", dated 14 Feb. 1979, by Pharmer Engineering Corporation, which plan is recorded in Hampshire County Registry of Deeds Plan Book 110, Page 84, containing 5 . 778 acres, more or less, said two parcels containing 6.128 acres, more or less and being jointly bounded and described as follows: Beginning at point marked by an iron pin on the Westerly line of North Farms Road, which iron pin marks the Southeasterly corner of the premises herein described; thence running N. 76° 30' 19" W. a distance of 99.97 feet to an iron pin; thence running S. 84° 14' 18" W. a distance of 113 . 00 feet along land of said Warner to an iron pin; thence running S. 81° 41' 36" W. a distance of 207. 90 feet to a point; thence running S. 78° 47' 29" W. a distance if 472.72 feet to a point; thence turning and running S. 0° 43' 02" E. a distance of 414 .51 feet to a point in a stonewall; thence turning and running S. 81° 04' 40" W. a distance of 527 . 93 feet to a point at land as shown on said plan as "N/F Edith B. Bk: 08876 Pg: 256 Warner" , the last six bounds being along land formerly of Harold Wilcox and thereafter of Leonard I. and Charlene L. Lizotte and now of Gary M. Warner; thence turning and running N. 11° 10' 23" W. along land of said Edith B. Warner a distance of 195.00 feet to a point; thence turning and running N. 57° 44' 11" E. a distance of 784 .39 feet to a point; thence turning and running N. 78° 34' 09" E, a distance of 723.80 feet to a point; thence turning and running S . 79° 03' 01" E. to a point in the Westerly line of North Farms Road, the last three bounds being along land shown on said 1979 plan a retained by Robert N. & Audrey S. Wade; thence turning and running S. 17° 27' 18" W. along the Westerly line of North Farms Road a distance of 49. 59 feet to an iron pin; thence running S. 20° 00' 00" W. along the Westerly line of North Farms Road a distance of 75 .00 feet to an iron pin at the point of beginning. Granting ohm the right in common with others to pass and repass, with or without vehicles, together with the right to install, maintain, repair, and replace such lines, poles or other structures and pipes as may be necessary to provide utilities to the above parcel and for all purposes for which a street may mow or hereafter be used, over a strip of land shown as "Existing Driveway" on the above mentioned plan. Said driveway extending from the Westerly line of North Farms Road to a point in the Northerly line of the above described parcel. Subject to the obligation of the Grantee, their successors and assigns, to share the cost of installing, maintaining, repairing, improving and replacing said right of way, insofar as it is used in common by the owners of the three parcels shown on said plan of 1979. SUBJECT TO AND WITH BENEFIT OF the Special Permit for construction of a detached accessory apartment within 3 ' of seasonal high ground water, dated August 15, 2006 recorded in Hampshire County Registry of Deeds, Book 8868 , Page 151. SUBJECT TO AND WITH BENEFIT OF the Special Permit for construction of a detached accessory dwelling, dated July 26, 2006 recorded in Hampshire County Registry of Deeds, Book 8868, Page 154 . Condition of Approval #1 is satisfied by this deed, as 408 North Farms Road is also known as Assessor Parcel 7-11, and 412 North Farms Road is also known as Assessor Parcel 7-67. Being all and the same premises conveyed by deeds of ROBERT N. WADE and AUDREY S. WADE, (1) to the Grantors herein, dated March 15, 1974, recorded in the Hampshire County Registry of Deeds, Book 1761, Page 189, AND • Bk: 08868 Pg: 154 A Zoning Board of Appeals City of Northampton Hearing No.: ZBA-2006-0040 Date:July 26, 2006 APPLICATION TIM SUBMISSION DATE: Special Permit 1INDMINI Mon Jun 12, 2006 Bk 6868P9:161 Page:1 of 2 Applicant's Name: Recorded 09/07/2008 09:60 AM Owner's Name: • NAME: HOMSTEAD KERRYM 4 NEIL P HOMSTEAD KERRYM&NEIL P ADDRESS: ADDRESS: 408 NORTH FARMS RD 408 NORTH FARMS RD TOWN: STATE LP CODE: TOWN: STATE ZIP CODE FLORENCE MA 01062 FLORENCE MA 01062 PHONE NO.: FAX Na: PHONE NO.: FAX NO.: (413)584-0458 0 (413)584-0458 0 EMAIL ADDRESS: EMAIL ADDRESS: Site Information: Work LP'Ham.: SITE ZONING: 408 NORTH FARMS RD RR TOWN; SECTION OF BYLAW: Ylosence, Nhns:01062 Section 10.10 GIS, MM: BLOCK LOT: ACTION MEN: 230 07 011 001 Grant Reason for Ning Contact a detached accessory dwelling. HARDSHIP: FINDINGS: Conditions of approval: 1. Prior to Issuance of a building permit,the applicant must merge lots know as assessor map 7-67 and 741 under one deed. 2.Prior to issuance of a certificate of occupancy for the detached accessory apartment the applicant must connect the print/pal home to the storage garage. The Zoning Board o/Appeals granted the Special Permit for a detached accessory apartment based on the information submitted with the application and the following plan: -Auxllary Dwelling Homstead Residence',prepared by Nell Homstead.,Dated February 12,2006. The Board found that A. The requested use protects adjoining premises against seriously detrimental uses.The use of the property will continue to be a single family home. The new structure will be well off the road to the rear or the property and at least 400'from the nearest closest structure on an abutting lot B.The requested use will have no effect on the convenience and safety of vehicular and pedestrian movement within the site and on adjacent steep, because there will be no changes to the use of the properly.The location of driveway openings Will not change. Access to the structure will be over an existing common driveway serving this lot and two other abutting lots. The driveway was Installed after approval by the Planning Board In the mid 1970's to serve this lot and abutting lots. C.The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape,existing buildings and other community assets In the me. The lame site has substantially greater setbacks from all property boundaries than other lots in the neighborhood. There is ample room to maintain required setbacks from all properly boundaries in excess of the zoning requirements. O. The requested use will not have an an effect on city resources as the single family uses will remain the same. This lot is served by private sewer. E.The requested use meets special regulations set forth/n the Zoning Ordinance under section 10.10 and will meet the height requirements under section 6.2 for accessory structures. F. The requested use bears a positive relationship to the public convenience or welfare. The use will not unduly impair the Integrity of character of the district or adjoining zones,nor be detrimental to the health,morals,or general welfare. The use will be/n harmony with the general purpose and intent of the Ordinance. GeoTMSM 1993 Des Lauriets&Associates,Inc. REI URN DOCUMENTS TO: WILHELM,SHIMEL&KING 74 King Street Northempton, MA 04000 G Bk: 08868 Pg: 155 Zoning Board of Appeals City of Northampton Hearing No.: ZBA-2005-0040 Date: July 26, 2006 COM NOT DEROGATE BECAUSE: HUNG DEADLINE MAILING DATE HEANNG CONTINUED DATE: DECISION CRAFT BY: APPEAL DATE: Toe Jun 13,2006 Sat Jul08,2006 Thu Jul 27,2006 REFERRALS M DATE HEADING DEADLINE DATE HEARING CLOSE DATE FINAL SIGNING BY: APPEAL DEADLINE Sat Jul 01,2008 - Wed Aug 16,2005 Thu Jul13,2106 Thu Jul27,2006 . rue Aug 15,2006 PEPSI ADVERTISING DATE: HEARING DATE VOTING DATE DECISION DATE Thu Jun 29,2006 Thu Jul 13,2006 Thu Jul 13,2008 Wed Jul26,2006 SECOND ADVERTISING DATE: NEARING TIME VOTING DEADLINE: DECISION DEADLINE Thu Jul 06,2006 5:30 PM Wed Sep 20,2006 MEMBERS PRESENT: VOTE: Malcolm B.E.Smith votes to Grant Elizabeth Wrobllcka votes to Grant Sara Northrup votes to Grant Bob Riddle votes to Grant MOTION MADE BY: SECONDED SY: TE COUNT: DECISION: Elizabeth Wroblicka Malcolm B.E.Smith 4 Granted WI Conditions MINUTES OF MEETING: Available in the Office of Planning&Development. I,Carolyn Misch,as agent to the Zoning Board of Appeals,certify that this is a true and accurate decision made by the Zoning Board and certify that a copy of this and all plans have been tiled with the Board and the City Clerk on July 26,2006 lECSNE�I canny thhatt�a copyy of thhis�deecii`siioon has been mailed to the Owner and Applicant JUL 2 6 2006 L�� (ldA r'✓1 ter' ^Geri" CITY CLERKS OFFICE NORTHAMPTON MA 01060 NOTICE OF APPEAL An appeal from the decision of the Zoning Board maybe made by any person aggrieved and pursuant to MGL Chapt 40A,Section 17 as amended,within(20)days/30 days for a residential Finding]after the date of the filing of this decision with the City Clerk. The date of filing is listed above. Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of Northampton. August 16, 2006 I, Wendy Marra, City Clerk of Northampton, hereby certify that the above Decision of the Northampton Zoning Board of Appeals was filed in the Office of the City Cletk on July 26, 2006, that twenty days have elapsed since such filing and that no appeal has been filed in this matter. f/ : Attest: City Clerk-City of Northampton GeoTMS401998 Des Lauriers 8 Associates,Inc. yyDoR4jam / ATTEST: HAMPSHIRE, 9 e-Q(,4L--RBGISTER MARIANNE L.DONOHUE Bk: 08868 Pg: 151 mokPlanning Board - Decision City of Northampton • Hearing No.: PLN-2000-0062 • Date:August 15,2006 APPLICATION TYPE SUBMISSION DATE: P8 Special Permit with Intermed/ate 6/12/2008 Applicants Name: Owner's Name: Survekots Name: NAME NAME: COMPANY NAME HOMSTEAD KERRYM 8 NEIL P HOMSTEAD KERRYM&NEIL P ADDRESS: ADORES& ADDRESS 408 NORTH FARMS RD 406 NORTH FARMS RD TOWN: STATE: ZIP CODE TOWN: STATE: ZIP CODE TOWN: STATE: ZIP CODE: FLORENCE MA 01062 - FLORENCE MA 01062 PHONE NO.: FAX NO.: HON NO.: FAXED.: PHONE NO.: PAX NO,: (413)584-0458 Q me 5844458 Q EMAIL ADDRESS: EMAIL ADDRESS: Fug&ADDRESS: Site Information: I II' Nip � STREET NO.: SITE ZONING: 408 NORTH FARMS RD RR I TOWN: . SrnoN Of BYLAW: IDIS NORTHAMPTON MA 01060 Section 16.7:Uses by Special Permit Recorder*. :161 /2008 RecordW: 00/07/2008 09:66 AM MN BLOCK WE MAP DATE ACTION TAKEN: 07 011 001 Approved '- _""' - awX: cage: 1791 189 g o� CEuvt � mnIaF4E PROPOSEo wean: c Build detached accessory sbt ucre in the WSP. AUG. 1 5 20UU HARDSHIP. ' COROMON OF APPI>OYAL CITY CLERKS OFFICE NORTHAMPTON MA 01060 FINDINGS: The Planning tard approved the spears/permitPor construction of a detached accessory apartment within 3'of seasonal high ground water based on the togawing plans and information submitted with the application: 1. 'Neil Hornstead,408 N.farms Rd'copy of survey pian and elevations.Dated fitU0& 2. 'Sewage Disposal System Design',June 23,2005, 3. 'Form 11 Soil Suitability Assessment for Onsite Dewege Disposer,Milltown Environmental Consulting,dated July 25,2005 4. Letter From Health Director,Ernie Mathieu dated July 28,2006. S. Letter from New Horizons Weiland Consultants to Neta Homstead,dated August T,2006. 8. Addendum to Special Permit submitted by Keny and Neli Homstead dated 813'06. The Planning Board found: A.The requested use protects adjoining premises against seriously detrimental uses. An accessory unit Is allowed by right as a part of an arts Ong house lot The detached accessory has been approved by Special Permit by the Zoning Board of Appeals. B. The requested use will not affect the safety of vehicular and pedestrian movement on adjacent streets.This structure is an addition to an existing single family house lot The project,Including any concurrent road improvements,will not decrease the level of service(LOS)of all area roads or Intersections effected by the project below the existing conditions. C.The requested use will promote a harmonious relationship ofshootings and open spaces iq the naWral landscape,existing buildings and other community assets in the area. The new structure will not affect ground water as there will be no drains or facilities W intercept groundwater In the basement/crawl space: Them will be minimal clearing on the tot and the structure wilt be located more than 400'from other single family house sruc 4+res. D.The requested use Wil/not avedoad,the City's resources including the effect on the Clry's water supply and distribution system, sanitary and storm sewage collection and treatment systems,fire protection,streets and schools. The project writhe served by private canTNS 2%6 Des Latinate Municipal Solutions,Inc. RETURN DOCUMENTS TO: •" �4 DOCUMENTS TO: WILHELM,SHIMEL&KING WILHELM,SHIMEL&KING 74King Street 74 King Street ',.+,ampton,MA 01060 Northampton,MAA01060 Bk: 08868 Pg: 152 •Planning Board -Decision City of Northampton Hearing No.: PLN-2006.0062 Date:August 15,2006 utWtiaa. • E,The requested use meets the regulations set forth in the Zoning Ordinance in section 5.2 10 and 16 for construction within the WSP and within 3'of seasonal high ground water. 1. The smell project is in harmony with the purpose and intent of this ordinance and wig promote the purposes of the Water Supp+}+ Protection District; -2.The structure will fit into and is appropriate to the natural topography,soils and othWcharncterisucs of the site to he developed; 3,The site has suitable soil for on-lot sewerage and water systems; 4.The project will not during construction or thereafter,have an adverse environmental impact on groundwater resources in the district. The Board of Health,the Departrneat of Public Works and the Conservation Commission reviewed the project and found no impact to their jurisdictional resources. 5.The project will not adversely affect the existing or potentia/quality end quantity of water In the Water Supply Protection District F.The requested use bears a positive relationship to the public convenience or welfare. The use will not unduly impair the integrity of character of the district or adjoining tones,nor be detrimental to the health.morals,or general welfare. ' G.The requested use will promote City planning Objectives to the extent possible and will not adversely effect those objectives,as defined in City master or study plans The addWon of an accessory dwelling allows a unit on a large parcel without mating a new lot The structure wilt be accessed via existing driveway. H.Compliance with the following technical performance standards: 1.One curb cut will serve the house lot. An existing common driveway will servo the accessorydwelling. 2.Pedestrian,bicycle and vehicular trade movement on site have been separated to the extent practicable. COULD NOT DEROGATE BECAUSE FILMO DWAINE MAINE DATE.' HEARING CONTINUED DATE DECODE,/BRAE'BY: APPEAL DATE 4/22/2006 7/52006 61182006 8242106 REFERRALS IN DATE HEARING DEADLINE CATE HEnRNG CLOSE OATS FINAL SIGNING BY: APPEAL DEADLINE 829/2006 8/1612006 sMw2008 3.26u/vc Sr4200e FIRSTADVERn51NG DATE: HEARING DATE: VOTING DATE DECISION DATE 32912006 71132006 8/1012006 W1512008 SECONDAOVERTI.SING GATE HEARING TIME: VOTING DEAMINE: DECISION DEADLINE'. 718^180(: 7:00 PM 118,7008 11,8+2008 MEMBERS PRESENT: VOTE: George Russell votes to Grant VE Frances Volkmann votes to Grant D ��r�� ,i Jennifer Dfermger votes to Grant AUG 1 5 2006 Paul Voss votes to Grant Francis Johnson votes t0 Ineligible to Vote CITY CLERKS OFFICE George Kohoutvotes to Grant NORTHAMPTON MA 01060 Keith Wilson votes to ineligible to Vote David Witensky votes to Grant MOMm MACE BY: SECONDED BY: VOTECOUNT: DECISION: Rands Johnson George Kohout 6-2 Approved WWT£SOF MEETaiO: Available In the Office of Planning 6 Development I,Carolyn Mlash,as agent�u;t.aoe Planning Board, that this Is a true and accurate decision made by the Planning Board and certify that a copy of Phis and e had beentl{s4w Board and ate CHy Clerk on August t5,2006. %....42,•••••••;,,•• u.,JnuR L S e I clap that a copy o n'bas been niei to the Owner and Applicant LA . Notice of Appeal An appeal front the decision of the Planning Board may be made by any person and eyed pursuant to MGL Chest.40A,Section 17 as - amended within twenty(20)days after the date of the Wog of the notice of the decision with the City Clerk.The date is fisted above Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of the City of Northampton - GeaTMSf l 2QO&Das Lawler Munlpipal Solutions,Inc. Bk: 08868 Pg: 153 • Y September 5, 2006 I, Wendy Mazza, City Clerk of Northampton, herehy certify that the above Decision of the Northampton Planning Board was filed in the Office of the City Clerk on August 15, 2006, that twenty days have elapsed since such filing and that no appeal has been filed in this matter. Attest: /94 30.._. City Clerk-1 lerk- ity of Northampton RETURN DOCUMENTS TO: WILHELM,SHIMEL&KING 74 King Street �y1.ft % q, Northampton,MA 01060 ATTEST: MAMPBHIRE, 6<7 iA ltd —Iwo'--+imOISTEA MARIANNE L. DONOBIJE