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06-016 (7) CITY OF NORTHAMPTON + ryilk • Tax Map No. !o Lot l G `E 5.) ZONING PERMIT APPLICATION " �� Zoning Ordinance Section 10.2 + Received: a �7 File No. �Q f Plan File — Il 7 Owner Rolla E. lacy & WWillian & Wgr7rPaine Ryan ='Lt pgnj�'-" 121 Ghak los 1070 „�_EQeds,'FM 0i053Ri. la r, ,f.ccfa I.a i , r> Drive, Windsor, CT 06095 33 1 / Ha v Address —.- L"'.•iCdnT'✓3'SS�" —.. ..— Telephone (413) 584-2466 ` Telephone (203) 688-5994 This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations: See Attached (Z.O. ARTICLE VI) Zoning I Use Lot Front Depth Setbacks Max. Bid. Min. Op. District Area Width Front Side � Cover Space Past Existing 11111111 °/0Present Proposed -_ - .L. _.1 Mark the appropriate box to indicate the use of the parcel: Q�� • Non-Conforming Lot and/or Structure. Specify e . .ki— ❑ Residential ❑Single Family Unit ❑Multi-Family ❑ Duplex 0 Other ❑ Business ❑ Individual IIC Institutional ❑ Subdivision 0 Regular 0 P.U.D. ❑ Cluster ❑ Other ❑ Subdivision with "Approval-Not-Required"-Stamp: ❑ Planning Board Approval: • 50 Zoning Board Approval (Special Permit 10.9: Variance) O City Council (Special Exception S. 10.10) Watershed Protection District Overlay: (Z.O.Sect.XIV) ❑ Yes II No Parking Space Requirements: (Z.O. Sect.8.1) Undefined Required Proposed _ 82_ Loading Space Requirements: (Z.O. Sect.8.2) Undefined RequiredProposed Signs: (Z.O. Art. VII) _ 29 Yes ❑ No__ Environmental Performance Standards: (Z.O. Art. XII) ❑ Yes 0 No Plot Plan ❑ Yes L)V No Site Plan 1i3 Yes 0 No (S. 10.2) (S. 10.2 and 10.11 Waiver Granted: Date 0 This section for OFFICIAL use only: O Approval as presented: O Modifications necessary for approval: ❑ Return: (More information needed) '-f 22 �1 � � //� le 44'Denlai: Reasons: r 2 6 'V antrum 4 e"._J / C t gc /Am Signature of Ap• scant Date Signature of Admin. Officer Date ADDENDUM TO ZONING PERMIT APPLICATION ZONING DISTRICT: SR LOT 16 EXISTING LOT 50 EXIST LOT 50 PROP PROP PARCEL A PROP PARCEL 8 PROP PARCEL C USE Residential Undeveloped Undeveloped Residential Nursing Home Undeveloped LOT AREA 51 .9 AC 1 .9 AC 1 .8 AC 1 .6 10 AC 40.3 FRONT WIDTH 283' 400 375 183' 100' + 25' 0' DEPTH 2700' 67 67 445 SETBACKS - FRONT 65' --- --- 65 575 --- SIDE 95' --- --- 40 90 --- • REAR 2600' --- --- 335' 75 --- BUILDING COVERAGE <1% 0 0 4% 10% 0% OPEN SPACE >99% 100 100 93% 76% 100% Hu co Assessor's Map 11 . List of Abutters: Sheet No. Parcel 1 . Roman Catholic Bishop of Springfield (St. Mary's Cem.) 6 8 76 Elliot Street, Springfield, MA 2. John T. 8 Suzanne B. Meehan 6 9 420 Haydenville Road, Leeds, MA 01053 3. Fred J. & Mabel A. Whitburn 6 18 80 Leonard Street, Leeds, MA 01053 4. John C. Starkus 6 13 493 Haydenville Road, Leeds, MA 01053 5. Eleanor 0. 8 Kerry F. Meehan 6 53 439 Haydenville Road, Leeds, MA 01053 6. Matthew 0. 8 Catherine B. Porter 6 54 423 Haydenville Road, Leeds , MA 01053 7. Eleanor M. Meehan 6 14 Haydenville Road, Leeds, MA 01053 8. William J. & Lorraine M. Ryan 6 17 357 Haydenville Road, Leeds, MA 01053 9. Gloria H. Tuperkeizsis 6 37 311 Haydenville Road, Leeds , MA 01053 10. Joseph & Charlotte Mardas 6 38 319 Haydenville Road, Leeds , MA 01053 11 . Thomas J. 8 Gloria H. Tuperkeizsis 6 39 311 Haydenville Road, Leeds, MA 01053 12. Robert A. & Mary A. Young 6 40 291 Haydenville Road, Leeds , MA 01053 13. Paul A. & Sharon Zukowski 6 46 7 Kania Street, Easthampton, MA 01027 14. John J. 8 Grace F. Vollinger 6 15 460 North Farms Road. Northampton, MA 01060 15. Robert N. & Audrey S. Wade 7 9 422 North Farms Road, Florence, MA 01060 16. 17. 198( 18. Do Not Write In These Spaces Application Number: (at 7 'd. B.I. Checke Filed Fee Pd. Rec'd. ZBA Map(s) Parcel(s) i Dale By Dal Dale Ami Dale f By Cale 081 g" gni gni (o l6' & PPLICATION IS:HEF Y ADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: t r' 1. Name of Applicant do n Chakalos Address 52 Overlook Drive, Windsor, CT 06095 2. Owner of Properly Nnlia E lacy (lot 16) and William and Inrrai nn Ryan (Int 501 Address 339 Haydenville Rd. , Leeds, MA 01053 357 Haydenville Rd. , Leeds, MA 3. Applicant is: COwner; EContract Purchaser; ❑Lessee; ❑Tenant in Possession. 4. Application is made for: J VARIANCE from the provisions of Section page of the Zoning Ordinance of the City of Northampton. ESPECIAL PERMIT under the provisions of Section 5 page 9 of the Zoning Ordinance of the City of Northampton. OTHER: 5. Location of Property Haydenville Road , being situated on the East side of Haydenville Road Street; and shown on the Assessors' Maps, Sheet No. Map 6 , Parcel(s) Lot 16 and 50 6. Zone SR 7. Description of proposed work andlor use; Construction and operation of a 123-had nursing home. 8. (a) Sketch plan attached; Dyes E!No (b) Site plan: IE Attched Not Required 9. Set forth reasons upon which application is based: Special Permit required under zoning use regulations and for sign 4. r / era-fie 10. Abutters (see instructions; list on reverse side of form). 12. I hereby certify thatvinformation contained herein is true to the best of 1mmymyyknowledge. Date 9/t/J Applicant's Signature 11. List of Abutters: Assessor's Mai. Address Sheet No. Parcel 1. SEE ATTACHED 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. �.' 21. 22. 23_ 24. 25. 26. 27. 28. 29. 30. Icy ^ ' " 161_0 _-.m____ Y. I4+ AAP it W<GILIe }O}P 44 . V ti , ,( ..fZ11 // 5 JCS] '.°.' - r - r ' 1 .>A.. fi . a'i. °' (-Co K51 AMO { ‘'--- uTC14471 • 'jIli 4 R444 I:IJI. )1.6Jtl-Y --- . — _ ter. tIGU EtEVA-PO.1 :41.0s "c,'a Cit of Northampton =* =_ 1 ' li• JNuuvpnsAie �a —_+1- G °�—y— DEPARTMENT OP BUILDING INSPECTIONS 212 Main Street ' Municipal Building INSPECTOR Northampton, Mass. 01060 Edward J. Tewhill September 11 , 1987 Mr. John Chakalos 52 Overlook Drive Windsor, Conn. 06095 Dear Mr. Chakalos: With reference to your proposal to construct and operate a 123 bed nursing home, located on Haydenville Road, City Tax 6 - Lots 16 & 50. A special permit is required for the use of the structure in a Suburban Residence (SR) for the City of Northampton, Zoning Ordinance, Section 5.2, Page 5-9, Paragraph 10. Sincerely, gw Edward . Tewhill Building Inspector DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS At a meeting held on January 6, 1988, the Zoning Board of Appeals of the City of Northampton voted unanimously to GRANT the Special Permit request of JOHN CHAKALOS for the purpose of constructing and operating a 123 bed nursing home on the easterly side of Haydenville Road, Northampton, MA (Specifically Parcels 16 and 50, Sheet 6 of the Assesor's Maps). SR Zone. The findings were as follows: The use requested (nursing home) is listed in the Table of Use Regulations as a special permit in the district for which appli- cation is made. A very positive relationship to the public welfare exists, as evidenced by the demonstrated need for additional nursing home beds in the community. The requested use will not create undue traffic congestion or unduly impair pedestrian safety. The requested use will not overload any public water, drainage or sewer system, or any other municipal system to such as extent that the requested use or any developed use in the immediate area or in any other area of the City will be unduly subjected to hazards affecting health, safety, or the general welfare. The requested use will not unduly impair the integrity or character of the district or adjoining zones, nor be detrimental to the health, morals, or general welfare. The use shall be in harmony with the general purpose and intent of the Ordinance. it Robert C. Buscher, Chairman - ?elL-t.- j Dr. Peter Laband M. Sanfo d Weil, Jr. JAN Z et.,..„, „,,, Ctifg of Nnrflfttntpfnn i( 4L [[1119s� 9 1! Massachusetts FI i "da F? m�u^j+, -7 DEPARTMENT OF BUILDING INSPECTIONS s 7'i INSPECTOR 212 Main Street ' Municipal Building �' Northampton, Mass. 01060 me Edward J. Tewhill January 20, 1988 Mr. John Chakolos 52 Overlook Dr. Windsor, CT 06095 Dear Mr. Chakolos : We have received the decision from the Zoning Board of Appeals today; granting your application. There is now a twenty (20) day appeal period you must await. After the appeal period is up, you must go to the City Clerk' s office and get a stamped copy from them which will indicate that there has. been no appeals on the decision you received from the Zoning Board. Then bring the stamped copy they give you over to the Registry of Deeds and file it with them, but be sure they give you a copy to give to us to keep on file in our office. Then you can come to our office to apply for the building permit, but until all the above listed steps are complete our office can't issue you the building permit. Be sure to get the above mentioned copy from the Registry of Deeds, so we can process the building permit immediately. For Your Information: Zoning Ordinance Section 10.6 - Permit Time Limits. A Zoning Board Decision granted under the provisions of Section 10. 10 shall lapse within eighteen ( 18) months (including such time re- quired to pursue or await the determination of an appeal ) from the grant thereof has not sooner commenced except for good cause, or if, in the case of a permit for construction , construction has not begun by such date except for good cause. Sincerely, "D rel^ l^ �/ ; � rd 4J 'I'ewhi'19't 'Q' Building Inspector EJT/lb DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS At a meeting held on January 6, 1988, the Zoning Board of Appeals of the City of Northampton voted unanimously to GRANT' the Special Permit request of JOHN CIIAKALOS for the purpose of constructing and operating a 123 bed nursing home on the easterly side of Ilaydenville Road, Northampton, MA (Specifically Parcels 16 and 50, Sheet 6 of the Assesor's Maps), SR Zone. The findings were as follows: The use requested (nursing home) is listed in the Table of Use Regulations as a special permit in the district for which appli- cation is made. A very positive relationship to the public welfare exists, as evidenced by the demonstrated need for additional nursing home beds in the community. The requested use will not create undue traffic congestion or unduly impair pedestrian safety. The requested use will not overload any public water, drainage or sewer system, or any other municipal system to such as extent that the requested use or any developed use in the immediate area or in any other area of the City will he unduly subjected to hazards affecting health, safety, or the general welfare. The requested use will not unduly impair the integrity or character of the district or adjoining zones, nor be detrimental to the health, morals, or general welfare. The use shall be in harmony with the general purpose and intent of the Ordinance. G✓ 1/0111. • U tJ Robert C. ➢usc er, Chairman ii app p r 7 ll 1969 j DE Dr. Peter Laband ' 48(11�p(�C iN 7cC710M1S FCf. I V .' I CM, !ifilce M. Sanfor Weil, Jr. NUR's IkM TUrI, iy'. i3. ��•-• 1,;,‘ ,.1 J (.<, i, o February 10 , 1988 I, Adeline Murray, City Clerk of the City of Northampton, hereby certify that the above Decision of the Northampton Zoning Board of Appeals was filed in the Office of the BROWNELL, GLISERMAN, WASHBURN. GERVAIS & KAPLAN ATTORNEYS AT LAW 0 CRAFTS AVENUE NORTHAMPTON.MASS 01060 4l3-584gS11 WILLIAM H. BROWNELL 1191'7-1984) SAUL GLISERMAN TIMOTHY F WASHBURN ERIC B. GERVAIS DAVID R. KAPLAN' February 10, 1988 JOSEPH A. NICASTRO: LYNN M. TRUSWELL ..,Mr.p John Chakalos 52 Overlook Drive Windsor, CT 06095 Re: Proposed Nursing Home Haydenville Rd., Northampton, MA Dear John: With respect to the above-referenced matter, no appeals concerning the Decision of the Northampton Zoning Board of Appeals were made within the twenty day waiting period after filing of the Decision with the City Clerk's office. The City Clerk has certified the Decision to this effect, which will be recorded in the Hampshire County Registry of Deeds. I enclose a copy of the certified Decision for your files. - Yours very truly, � ,✓< . � . PCViet�G.c/ Eric B. q.dvais AHD/ enclosure 5893:chakalos.let l11.10.1F in x APR 2708 f' J %NG IAS -4 MA 01:,5;.•. �� ��e U�tmmonicead ��/�6auac�ilefft to _r'7iC ,4 ._, 7 -62GCr-a remen/ �uVg 7/T% f. 11,tirc_ /00 ✓r gam. Rte, 02//I Telephonk413) 584-1611 _,Cityaf Northampton (Date) May 5, 19 88 • • From the Office Of: Mass. Dept. of Public Works, N . King St. , Northampton, MA 01060 To: Chakalos Investments Inc., 52 Overlook Drive, Windsor, CT 06095 You may proceed with the work described in Permit# 2_17151 dated May 5, 1988 Issued to you by this Department for work In the!biked Northampton Please read carefully the instructions printed on the back of the Permit and note particularly those conditions which apply to the work authorized. Your attention is also called to the time given for the completion of this work. If it should be desired to extend the time for doing the work or alter any of the conditions of the Permit, application for such changes should be made as soon as passible to this office. Upon completion of the work outlined, please fill out the form given below, detach and mail to this atice. (A sketch on the back of the form or on a separate sheet, showing the location of any structures ilutatled, should be submitted. This sketch should show the relative position of the structure by measurements to definite points within the highvva location.) If the Perfo- rated notice is not returned, the liability assumed under the permk tinues. very truly your. '4(/(/2ititeli, FRANCIS OEY E. District ig waif naineer, Lily of Northampton (Date) 19 D1snicr HICHWAT ENcnan Northampton MAIO Dear Sir: Please be advised that the work authorized under Permit # 2-17151 issued by the Massachusetts Department of Public Works was completed in accordance with all the require- menta of the Department cm . Chakalos Investments Inc. Signed ?lean, return lower portru'. then work hoe been completed. - *`" NO. 2-17151 a OIjr (llltltmmturra� of fflallo&lotzrfn L. Sheet 1 of 2 Sheets y ' DEPARTMENT OF PUBLIC WORKS PERMIT - NORTHAMPTON Subject to all of the terms, conditions and restrictions printed or written below, and on the reverse side hereof, permission is hereby granted to Chakalos Investments, Inc. of Windsor, CT to enter upon the State Highway in the City of Northampton known as Route 9 or Haydenville Road for the purpose of installing a commercial drive on the easterly side of said highway. Said drive shall be graded downward from the edge of the highway at a rate of 14" per foot to the State Highway Layout Line. DIG SAFE NO. 88162599 The drive is to extend from Station 18+28 to Station 18+52 at the 1918 State Highway Layout Line, flaring to extend from Station 17+98 to Station 18+82 at the existing edge of paved highway. Within three (3) months after start of construction, the drive shall be surfaced with Bit. Conc. Type I (Hot-Mix) to the limits as shown on the attached sketch and shall have a 6 inch foundation of compacted gravel and shall butt and not overlap the existing edge of hardened surface. That portion of the drive within the State Highway shall be maintained by the Grantee at his expense and to the satisfaction of the Engineer. The outer edge of the drive shall be edged with Bit. Conc. Berm. All of said berm shall be 6 inches higher than grade of the drive. The area behind the berm on each side of the drive shall be graded, loamed, fertilized, limed and seeded. The finished construction shall conform to the attached sketch. The existing gutter grade and line shall not be disturbed. The highway surface shall not be disturbed. " Any disturbed area shall be replaced in kind (loomed, fertilizd, limed and seeded, Bit. Conc. , gravel, etc.) . No signs shall be located within or overhang the State Highway Layout. All of said work shall be done as directed by and to the satisfaction of the Engineer. Traffic shall be maintained at all times. If one-way traffic prevails, uniformed police shall be in attendance at the expense of the Grantee. All traffic control devices shall be as required by the Uniform Manual on Traffic Control Devices and shall be placed and replaced by the Grantee at the work site as required. The Grantee's property shall be graded in such manner that storm or other drainage shall not flow directly onto State Highway Layout. The District�QE�n}g�i��n�eyer shall be notified 24 hours in advance of any work by the Grantee. Ex) RYX$ 4.. - oYs•i •, i 4.. 7d1 ,,: . .e %u,.n**.). .. .e., t:. • . • . '. ,P. . •.:4 . • .. - Ty:• .Y ,:• • .. •i •,-- y�mmus 4A�1}i } gWui• (. • . • #5t 17 At£S. "Toctir IXRil; 1iicF.a,.. }t xxitR1QNY{Hato{ ARgsaMR it• , • ..... 0>U, . .01,.. .. ..% •.:L.. 1' . ,..c. : . •,iti zucobe ati Du/dna dkyt1ex DigiiiktiimitotitoPalilitAtatiet, "7 �jy jc MMD-602 • 'W0S— Conditions Astatine Partimlariy ra Permit. far the Laying of Pipes. Conduits, ate. After any m onduiu,drains ora other underground structures e laid, orany • vation is made in the roadway. the Mancha or - ine •bell he p erly back-Il lied with suitable material. the bark-fillingshallt a shall be thoroughly ped.and the surface of the rd overas Id @true tures •hal be leftt even with the adjoining ground. It the work is done in cold weather no frozen materiel shall be need for baek,plllnp. NLrrnxc the hal,from sun ice of the roadway. gutters, or any pert 01 the surface of the highway is disturbed It than be replaced In as gond. Condition a before it was disturbed. and if new teriala are rinuired they shall correspond with those already In phee on the road. Where service pipes are to cox the highway the < *hail be made without rd disturbing the hardened surface of the roadway, by driving the pi under the roadway, or the aem,e pion connections `carried under and aeras the road In a larger pipe, anima otherwise ordered by the Engineer, d em a!,.thGrantee stall Maintain inbethen (surface of the roadway over said etruetu re• a long as the Department mar deem narMSOM a ettli all ated. Conditions Relating Particularly to Permits for the Erection of Poles. Wires, and Overhead Straatora. and the Cutting and Trimming of Teem In the erection of pole lino, unites otherwise herein provided, no ttees located within the limits of the State highway than be out or trimmed. No guy w shall be attached to without a special nin ial permit from the Dertment. and noa.event shall they be so attached to girdle Net or In any Interfere «m with ther growth. The wine shell be so protected at all time. end places that they shall not Interfere with or Injure way the trete either Imide or outside the location of the bitbwb. Where the cutting or trimming of tree is authorised by this permit. only Ruch cutting and trimming shall be done a may be desig- nated by the Engineer. In the < mtru<tlon or ecinstruction of pole lines no guy wires shall be erected n rd r to the SUMAC(of the grand than e tett: pro- vided. however, that the owner* of such lima maysat such gay wa lower elevation than six feet from tnthhe ground until nth time Departmentas the Department Ghat: notify then to removesaid d w n,or tothem m mthe vitiation first stated. 1n order to protect the teen through which anywire, may past, said wires shall be insulated and such other tree guards used es maT be directed by the Engineer. Where high tension wires ected under this permit, they •hell be so located that, under conditions of maximum severity as regards • era tint of i , there shall be s@ of at least eight feet between such high tensionwire. and other The Grantee shell. within giro, derefromu the de of completion of the work, file the office of the Department a plan showing the oration of each tpole erected in accordance with the permit,said plan to be of such site and in such form as the Department may direct. General end Additional Conditions Whenever the and "Deo rt" is used herons shall mean the Department of Public Work, of the Commonwealth of Musaahaetts. ` When ver the word "Eng is wed herein Itshall mean the District Highwey Engineer or other authorised representative of the Department. Wherever the word "Grantee" .t atsed herein It shall mean the person or persona, corportdn or municipality to whom this permit Is granted. or their Waal representation Dunn the prwtt.s or she work all structures under ground and shave ground shall be properly protected from daman err !Matey: such harm r`anhallllb`Gmn red And.nal hamaintained abas le(ay be eII ecssary for the protection rof the traveling public' the s shall heproperly lighted at n adamages to persona or property day too muL ine from anywork done under this permit. Except •s hereinon nexcav a•M1•11 be made or obstacle placed within the limit% of the State highways In such a manner e% to mestere au ily wtis. travel o cid road. If grading or sidewalk work done under this permit Interferes with the drainage of the State highway in any we, such miteh beefily and ouu.Mn&hail be conatructed al may be nereMSOM to the opinion of the Engineer. to take proper ter* of aid drainage. Wherever the hardened surface of the roadway is disturbed and the Engineer mayconsider it n advisable to do ♦ said + iwell be red by the employee, of the Departm Rut, a the Department may direct. and the laminae thereof shell be borne the Cr.nieetwho .hell purchase and deliver onthe road the materials eery said work if and when directed by the Engineer. All amlmen and to laborers, Inspectors, < mplaied by the Departmet for orof the work herein Contemplated •hall a made toby said t Gran Ne forthwith on the receipt of written orders. p rolls, o ucher. approved by the Department. IF THE GRANTEE DOES ANY WORK CONTRARY TO THE ORDERS OF THR ENGINEER. AND. AFTER DUE NOTICE. TAILS TO CORRECT SUCH WORK CR TO REMOVE STRUCTURES OR MATERIALS ORDERED TO BE REMOVED, Oft FAILS TO COM- PLETE WITHIN THE SPECIFIED TIME THE WORK AUTHORIZED Dy Tills PERMIT_ THE DEPARTMENT MAY, WITH OR WITHOUT NOTICE. CORRECT OR COMPLrrr. SUCH WORK IN WHOLE OR IN PART. nR REMOVK SUCH ETRFCTURES OR MATERIALS, AND THE fIKANtEE SHALL R£IMRC'RSE TlI : COMMONWEALTH FOR ANY EXPENSE. INCURRED IN CORRECTING ANO:OR COMPLET- ING THE WORK OR REMOVING TUE STRUCTURES OR MATERIALS. .bLL OF THE WORK HEREIN CONTEMPLATED SHALL BE DONE UNDER THE SUPERVISION AND TO THE SATISFACTION OF THE DEPARTMENT OF PUBLIC WORKS. AND THE ENTIRE EXPENSE THEREOF SHALL BE BORNE BY THE GRANTEE. Ot'the completion of the work herein contemplated all rubbish and debris shell be removed and the roadway and roadsides ahall be left neat and presentable end a tiefaerory tothe £neineer. The Dipartmeof hereby reserver the riebt t ardae the change of location or the removal ofd a or structural authorised by this p said changeorto Le m e by and atIlei of r e Grantee ors,i heirs . t The may he modified or revoked tat any nose by the Department a without rendering mid Department nieces/ion the Commonwealth of Man d`liable any w rev The Grantee !hall pay the salary. subsistence and traveling expenses of any inspector appointed by the Department to supervise the work berms smplated. All of the aboveconditions shall be applicable to the work herein authorized. 'anima n.stent with the conditions on theof the permiin which : the < printed onthe face of the permita shall apply.o faceThe of this permit• or the doting of a work thereunder Nell constitute an •easement by the Grantee to oomph with sit of the renditwnsa acceptance dnrestrictions printed or written herein. " SZ ry No. 2-17151 Op l'iLn1II1m muco II{ ffinanarlyunntrn _ a y Sheet 2 of 2 Sheets 't , • DEPARTMENT OF PUBLIC WORKS PERMIT - NORTHAMPTON .l.kic. XtriaibMf }b6nXX9 RR£Y r Any ponding of water which may occur in this area as a result of the work herein described shall be the responsibility of the Grantee. If the Engineer deems it necessary, an inspector shall be assigned to the work and the cost of said inspector shall be charged to the Grantee. No tracked vehicles will be allowed on the highway surface without a protective mat. Adequate lights, signs, and barriers shall be provided by the Grantee. Construction material and methods shall conform to the 1973 Mass. Dept. of Public Works Standard Specifications for Highways, Bridges and Waterways. All utility companies whose services are located within or adjacent to the proposed installation areas shall be notified in writing of the proposed installation at least 48 hours prior to the start of any excavation in said areas. This is independent of required dig-safe notification. The Grantee shall save blameless the Comm. of Mass., its DPW and/or any of its assigns from any liability claims or suits as a result of the work involved in or covered by the issuance of this Permit. - - A copy of this Permit must be on the job site at all times for inspection. Failure to have this Permit available at such site will result in suspension of the rights granted by the Permit. The Grantee's attention is direcped to the requirement of Chapter 228 of the Acts of 1972 concerning excavation. (SEE OTHER SIDE FOR ADDITIONAL CONDITIONS) No work shall be done under this permit until the Grantee shall have communi- cated with and received instructions from the District Highway Engineer of the Depart- ment of Public Works, at North King Street, Northampton, Ma 01060 This permit shall be void unless the work herein contemplated shall have been completed before May 3, 1989 Dated at Northampton this Fifth day of May., 1988 Department of Public Works, .,/ / /a� . /r By NCIS d EY,.E. District hwa YYYbbbngineer jc MMD-602 Conditions Relating Parti nlady b Permit* for the Laying of Pipes. Conduits. etc After any pipes, onduita,drains or other underground structure*aro laid.or any,ecaystion Is mode in the roadway.the Manche*or open. Ines shall be properly Lark-filled with suitable material, the bark-filli1,0 shall be thoroughly tamped. and the surface of the road overo said atru ere shall be left evenwith the adjoining ground.er If the work is done incold weather no frozen material shall be usedu for bk.Blling. 'Vi re.e ehedened surface of the roadway, gutters, ory p+rt of the surface of the hiohwsy is disturbed it shall be replaced In as good condition as before it was disturbed. and if newmaterial. are renuired Na shell correspond m and with those already In place on the road. Where Mom pes areroti o the highway the connections shall be made without d turbinw the hardened surface of the readmit.by driving the pipet under the roadway, or the aeras a Wpm 'ban be carried under and seruta the road in a larger pipe. tiniest otherwise ordered by the Engineer. The Grantee atoll maintain the surface of the roadway over said etruetu res as long as the Deportment may deem necessary. until ell signs of the trenches shall have been eliminated. Conditions Relating rarticnIarl, to Permits for thy Ereallen of Poles. Wires, and Overhead Streaeas. and the Coating and Trimming e( Tres ht the erection of pole line, unless otherwise herein provided. no trees located within the limits of the State highway shaft be put or trimmed. Ni,guy wires shall be attached to without a special permit in=in= the Denrtment. and Inn .a vshall they be so attached to girdle the tree, or In any way Intgrowth.Interfere with their grow . The wire* *hall be so protected at all times and places that they shall not Ister(en with or injure the trees either Inside or outside the lentil= of the highway. Where the cutting, or trimming of tree is authorized by this permit. only such tutting and trimming shall be dont as meg be dale- nated by the Engineer, In the eomtrattion or surtlnn of pole Ban no guy + *meted shall be eted n r to the surface of the ground than sit feet:feet:pro- vided, hv ae the e o ss of asuch liemsat tower such guy 4a elevation than six feet from the ground until such time u the Department shalt notify them N r said w them to the el ration neat stated. In order to protest the trees through which anywire may peas, said wires shall be insulated and such other tree guards used as may be directed by the Engineer. Where high tension w wetted under thin permit, they shalt he an located that, under conditions of maximum ay at regards a cc-aline of icenow, there shall be aspwe of at least eight feet between such Firth tension wiresand other w The Gra shell, within zesty daysfrom the date of completion of the work. flit the office of the Deportment a plan showing the location W each pate erected to accordance with the permit.said plan to br of such sire and in such form is the Department mar (Hetet General and Additional Condition* Whenever the wool "Deo enC' is used hereins shell mesa the Department of I'ubl is Works of the Commonwealth of Nusehoaetta. Whenever the word "Eng u used herein itshall mean the District Highway Engineer or other authorised representative of the Department, Whereverthe word "Grantee.'"Engineer" used herein it shall mean the person or 9ersone, eornoratlon ar mumapaiity to whom thdt permit L granted. or their legal rapruen atives. shall/hurtle e eInsInsert.*Insert.* of the work ail structures under ground and Oen ground shall be properly protected to d or injury: such barrier. night; and the Grantee ,hall be responsible for all damages too perwos orc property dik rug orlresu t tilo from any work done under properlyhis permit. Except s herein outhunted. no shell be made or Walsele placed within the Hr its of the State highway. In ouch a manner u to InterferecnciIi, with the travel o .id toad. If any grading or sidewalk work done under this permit interferes with the drainage of the State highway In a way, such catch basin. and ouc.is chap be constructed as may be necessary. In the opinion of the Engineer, to take proper care of aid drainage. Wherever the hardened surface at the roadway le disturbed and the Engineer y consider It necessary or advuabia to do . satd sur- face be restored by the< of the Department. atsuch urn. a the Departmenty direct. and the moans* thereof *hall be born• by the Grantee who shall purchase and deliver on the road the m zed work if and whendirectedby the Engineer. All plalmen and to laborers. Inspectors, etc.. mpinred byre the Depmenet for orof the work herein coatempl•ted shall p madeatoby said v Grantee forthwith onthe receipt of written orders. pay roils. n voucher, approvedg by the Department IF THE GRANTEE DOES ANY WORK CONTRARY TO THE ORDERS OF THE ENGINEER. AND. AFTER DUE NOTICE. FAILS TO CORRECT SUCH WORK OR TO REMOVE STRUCTURES OR MATERIALS ORDERED TO BE REMOVED, OR FAILS TO COM- PLETE WITHIN THE SPECIFIED TIME THE WORK AUTHORIZED i1Y THIS PERMIT.THE DEPARTMENT MAY. WITH OR WITHOUT NOTICE. CORRECT OR COMPLETE SUCH WORK IN WHOLE OR IN PART. OR REMOVE SUCH STRUCTURES OR MATERIALS. AND THE GRANTEE SHALL REIMUURSF THE COMMONWEALTH FOR ANY EXPENSE INCURRED IN CORRECTING AND:OR COMI'LET. ING THE WORK OR REMOVING THE STRUCTURES OR MATERIALS. ALL OF THE WORK HEREIN CONTEMPLATED SHALL BE DONE UNDER THE SUPERVISION AND TO THE SATISFACTION OF THE DEPARTMENT OF PUBLIC WORKS. AND THE ENTIRE EXPENSE THEREOF SHALL BE BORNE IN THE GRANTEE. O`n the completion of the work heroin contemplated all rubbish and debris 'hail be removed and the roadw.y and roadsides shall b Eft mat and presentable and * tvcaewry to the Engineer. The Department heraoy resents the right toorder the change et Iaation orthe removalu of any rtr-cture or atructnrauthorized by this Ce tet aid ar o Ce m -e by andat the Grantee or gr.they This y be modified or revoked tat any tuna by the Departmentwithoutren oe reg said Department successor* ar the Commanwe.lth of Masa able I any w •L The Gro shall pay me salary. subsistence and traveling expense, of any inspector appointed by the Department to supernu the work herein ed. All of the above conditions shall be applicable to the work herein authorized, unless the a are inconsistent with the condition. on the far of the permit, in wnich ran the conditions w or printed a een the face of the ptt *ballappl The acceptance of this permit or the doing of any work thereunder *Nil constitute an agreement by the Grantee to comply with all of the condition, and retrletiona printed or written herein. ' ---- II liTailit , c_. - l ' • -�_.. Forms IL SEP r.. DEOEFdeNo. 246-202 , r e+. ,>✓.� � (To be provided by oEOEI ;G Commonw' theftMALE ASSOC. GHrto n Northampton MALE JVcf'(. of Massach setts GREENFIELD ry A, Y Ag t John Chakalos Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 From Northampton Conservation Commission To John Chakalos William Ryan, Volta Tacy (Name of Applicant) (Name of property owner) 52 Overtook Drive 357 Haydenville Rd. Address Windsor, CT 06095 Address Leeds, MA 01053 This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative on - (date) EP< by certified mail,return receipt requested on June 28, 1988 (date) This project is located at 339-357 Haydenville Rd. , Leeds The property is recorded at the Registry of Hampshire Co. Book 3022, 1512 Page 134, 81 • •Certificate(it registered) The Notice of Intent for this project was(fled on May 24, 198H (date) The public hearing was closed on June 13, 1988 (date) Findings The Northampton Conservation Commission has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the project.Based on the information available to the Conservation Commission at this time,the Conservation Commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act(check as appropriate): ❑ Public water supply ❑ Flood control 0 Land containing shellfish ❑ Private water supply X81 Storm damage prevention 0 Fisheries ❑ Ground water supply 0 Prevention of pollution 0 Protection of wildlife habitat 5-1 Effective 11/1/87 • Therefore,the Conservation Commission hereby fids that the following conditions are necessary,in accordance with the Performance Standards set forth in the regulations.to protect those inter- • estschecked above.The Conservation Commission orders that all work shall be performed w,+ In accordance with said conditicns and with the Notice of Intent referenced above.To the extent that the fob lowing conditions modify or differ from the plans,specifications or other proposals submitted with the Notice of Intent,the conditions shalt control , General Conditions 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory meas- ures,shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive prrnleges:it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,state or local statutes,ordinances,by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act or (b) the time for completion has been extended to a specified date more than three years,but less than fiveyears,from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order, 5. This Order may be extended by the issuing authority for one or more periods of up to three years each ' upon application to the issuing authority at least 30 days prior to the expiration date of the Order. y" • 8. Any fill used in connection with thisproject shall be clean f8,containing no trash,refuse,rubbish or de- - bris,including but not limited to lumber,bricks.plaster,wire,lath,paper,cardboard,pipe,tires,ashes. refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or,if such an appeal has been Med,until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court far the district in which the land is located,within the chain of tide of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done.In the case of registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done.The recording information shall be submitted to the Commission on the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size • bearing the words, "Massachusetts Department of Environmental Quality Engineering, File Number 246- 202 10.Where the Department of En*onmental Quality Engineering is requested to make a determination and to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 11.Upon bcmpletion of the work described herein, the applicant shall forthwith request in writing that a r^ Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12.The work shalt conform to the following plans and special conditions: 5-2 ' Plans: Title Dated Signed and Stamped by: On File with: Northampton Health Care April 5, 1988 Sara Campbell CT Male Associates Facility (3 sheets) 393 Main St. , PO Box 1555 Greenfield, MA 01302 Special Conditions (Use additinnsl paper if mr...ary) 1) AIX construction areas shall be restored to original condition or better upon completion of the project, including vegetation; 2) No areas within the 100 year floodplain nor within 100 feet of a wetland area, as defined in Chapter 131, Section, M.G.L., shall be permissable disposal sites, unless otherwise approved by the Conservation Commission; 3) Excavated material and topsoil stockpiles shall be located and stabilized so as to minimize washing into wetland areas or waterways; 4) Adequate measures shall be taken to prevent erosion and'siltation of all disturbed areas; 5)This Order of Conditions shall apply to any successor in interest or successor in control; 6) Members and agents of the Conservation Commission shall have the right to enter and inspect the premises to evaluate compliance with the Conditions and to require the submittal of any data deemed necessary by the Commission far that evaluation; 7) (if checked) Upon completion of the project, the Applicant shall submit a statement from the Project Engineer that all work bas been done in conformance with the provisions of the approved Order of Conditions. (E4 YES ( ) NO (Leave Space flank) 5-3A / ' • DEOE File No. 346- 202 pedal Conditions (continued) The Applicant shall notify the Conservation Coamission, in writing, as to the date that work will be commencing on the project. Said written notification must be received by the Commission no sooner than ten (10) days and no later than seven (7) days prior to the commencement of the approved activity. (if checked) The Applicant shall complete and execute the attached ATLtC5HPNT "A"INorCCE OF POSSIBLE - GETZANOS RESTEICrIONS =ER N.G.L. C. 131, 5.40 relative to this project on these parcels Said ATTACHMENT "A" shall be attached to, become a part of, and shall be filed with this Order Of Conditions at the Registry of Deeds. The Applicant shall return a copy of the completed and notarized ATnACEHr'ir "A" to the Conservation Commission when the bottom portion of Page 5-4A of this Order of Conditions Of Conditions' is returned. X) YES ( ) NO 10) In order to prevent erosion and sedimentation, the drainage system, including retention pond, shall be completed prior to construction of the rest of the project. 11) Energy dissipators shall be installed directly below the curb cut in the rear of the project sufficient to prevent erosion damage from runoff. Energy dissipators shall also be installed at the drainage outfall at Beaver Brook sufficient to prevent erosion damage to the bank and the brook. • • 5-33 • • ATTACWIENL "A" NOTICE OF POSSIBLE WETLAND RESTRICTIONS UNDER M.G.L. C.131, S.40 I, , the owner of certain property located at Northampton, Hampshire County, Massachusetts, being the same property described in a deed from to dated , and recorded in the Hampshire County Registry of Deeds at Book , Page , do hereby state that said property may be subject to the provisions of the Wetlands Protection Act , an Order of Conditions and/or a determination of applicability from the Conservation Commission of the City of Northampton. Any construction upon or alteration to said property may require action by said Conservation Commission. I hereby agree and state that any instrument conveying any • or all of my interest in said property or any portion thereof . shall contain language substantially as follows: This property may be subject to the Wetlands Protection Act , an Order of Conditions, and/or a determination of applicability from the Conservation Commission of the City of Northampton. COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, ss 1987 Then appeared personally the above named and acknowledged the foregoing to be his/her free act and deed, before me. Notary Public My commission expires / ._. :� CLo- as c. Issued By Northampton Conservation Commission Signature(s) _c9-. Arm a ��— .. A./Lea A je This Order must be signed by a majority of the Co Nation Commission. On this MEP - Pr .before me yof � . 1 personally appear:. �.' ._ G -t . /�,to me known to be the person described in and who executed the foregoing instrument and -I'knowledged that he/she executed q . CHRIST1Nt aa.J. UPSKI same his/hoerchis/hoerfree act and deed.0, NOTARY PUISLICp MY COMMISSION EXPIRES-± is SPPPFMEFR14199n ublic My commission expires The applicant.the owner.any person aggrieved by this Order.arty owner of land abuttng the and upon which the proposed work is to be done or any ten residents of the city or town in which such land is boated are hereby notified of their right to request the Department of Environmental Quality Engineering to issue a Superseding Order.providing the request is made by Certified mal or hand delivery to the Department within ten days from the date of issuance of this Order.A copy of the request shall at the sane time be sent by certified mail or hand delivery to the Conservation Commission and the applicant - • • • Detach on dotted line and submit to the prior to commencement of wort To Issuing Authority Please be advised that the Order of Conditions for the project at File Number_ has been recorded at the Registry of and has been noted in the chain of tibe of the affected property in accordance with General Condition 9 an _19 If recorded land,the instrument number which idenbrien tNs bansacticn is If registered land,the document number which identifies this eanaaetion is Signature Applicant 5-4A 2J,�RtuNPld2 Bpp.�, r' Lb 161, NI WI; infert4 APPLICATION TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS FOR VARIANCE OR SPECIAL PERMIT This application folder includes an application form, addressed to the City of Northampton Zoning Board of Appeals, requesting the granting of a VARIANCE or a SPECIAL PERMIT and information intended to assist the applicant in properly completing the application. The application must be completed using a typewriter or hand printed block-type letters. All numbered items on the application must be completed. When completed and signed by the applicant, the application should be submitted to the Building Inspector for filing. Even though received, the application will not be considered "filed" with the Building Inspector until it has been reviewed to insure proper completion. A review of the application will be made within Iwo business days from the date received by the Building Inspector. The applicant will be notified of any additional information required. Applicants seeking a VARIANCE should note that the Zoning Board of Appeals has the power to authorize a variance from the terms of the applicable zoning ordinance where the Board determines that the applicant has met all requirements set forth in Massachusetts General Laws,Chapter 40 A, Section 15. Reference should be made to applicable Massachusetts Law and to Chapter 44 of the Revised Ordinances of the City of Northampton, Massachusetts,1959,as amended. Applicants seeking a SPECIAL PERMIT should refer to the Table of Use Regulations contained in Chapter 44 of the Revised Ordinances of the City of Northampton, Massachusetts, 1959, as amended, which indicates uses which require special permits in particular zones. The general and specific condi- tions which must be met to obtain a special permit are set forth in Section 10.9 (3)of the above referred to Zoning Ordinances. The Zoning Board of Appeals is required to hold a public hearing to consider the merits of each application. A notice of the public hearing will be published in the appropriate newspaper and written notice thereof given to those legally entitled thereto. A copy of the rules adopted by the Zoning Board of Appeals for the conduct of its public hearing is filed in the Office of the City Clerk. The applicant should familiarize himself with these rules prior to attending the public hearing. THE BURDEN IS UPON THE APPLICANT TO PROVE THROUGH THE WRITTEN APPLICATION AND ORAL PRESENTATION AT THE PUBLIC HEARING THAT ALL OF THE LEGAL REQUIREMENTS CONTAINED IN THE APPLICABLE STATUTES AND ORDINANCES ABOVE REFERRED TO HAVE BEEN SATISFIED. FAILURE TO SUSTAIN THIS BURDEN MAY PREVENT THE APPLICANT FROM REAPPLYING FOR TWO YEARS. APPLICATION INSTRUCTIONS 1, State name and address of applicant. 2. State name and address of the owner of property. 3. Indicate applicant's standing to apply, 4. Indicate whether this is an application for a variance or for a special permit. If you are making application for both, use a separate form for each (only one fee will be required). You may apply for more than one variance or more than one special permit on the same form. If other, so indicate and explain. 5. Location of property should be indicated by street address, where the property is situated i.e_ south side of South Street; and with reference to the sheet numbers and parcel numbers as designated on the assessors' tax maps, 6. Indicate the zone in which the property is located. 7. State as concisely as possible the work you propose to undertake and for your proposed use of the property should your application be approved. a SITE PLAN/PLOT PLAN: The applicant is required as part of this application to submit a site/plot plan drawn AS NEAR TO SCALE as possible showing the lot boundaries, dimensions of existing and for proposed buildings and the distances from said buildings to said lot boundaries and all in- formation relevant to the consideration of the application. A copy of the site/plot plan should ac- company each copy of the application required to be filed. When the applicant is required under Section 10.11 of the Zoning Ordinance to file a site plan, a plot plan is not required. 9. Applicant should state sufficient reasons upon which the Board of Appeals can base a finding that the applicant has met the requirements as set forth in either the General Laws of Massachusetts or the Zoning Ordinance of the City of Northampton, Massachusetts. Applicant should review these requirements prior to completing this item. (Attach additional sheets, if necessary) 10. Notice of the public hearing is required to be mailed, postage prepaid, to all "parties in interest" as defined in Massachusetts General Laws, Chapter 40A, Se Alan 11. "Parties in interest", as used in this chapter, shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent app- licable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." 11. Read and sign the application. If the applicant is a corporation, partnership, trust or other business entity, a duly authorized officer should sign. An attorney or other duly authorized representative of the applicant may sign on behalf of the applicant. ADDITIONAL COPIES: In addition to the original application form eleven copies of the complete application are required. It is the responsibility of the applicant to provide these copies, FILING FEE: A filing fee of$75.00 for a variance, $50.00 for a special permit, plus $2.00 per abut- ter listed, is required to be paid upon the filing of the application with the Building Inspector. The applicant should be aware that if the application is approved, the Board of Appeals may, in its discretion, and in addition to any applicable conditions specified in the zoning ordinances. impose such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or serve the purposes of the zoning ordinances. Such conditions will be imposed in writing and the applicant may be further required to post bond or other security for compliance with said conditions in an amount satisfactory to the Board. FOR ADDITIONAL INFORMATION. CONTACT: City of Northampton Building Inspector City of Northampton Room 100.Municipal Office Building or Zoning Board of Appeals Office 212 Main Street Room 102, Municipal Office Building Northampton. Massachusetts 01060 212 Main Street Northampton, Massachusetts 01060 Do Not Write in These Spaces Application Number: Recd. S.I. Checked Filed Fee Pd. Recd. ZSA Map(s) Parcel(s) By Date By Date Date I Amt. Date By Date APPLICATION IS HEREBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: 1. Name of Applicant 91; - hTi r` it; N ` . l/Ar a - Address i 9 9 NA . op/ l) 2/A %"'d �f'u' . 2. Owner of Property W //lean .j 'A 1 /'✓'F ei 7L 7. Address j ^' ' • < _..� 3. Applicant is: Owner; _,Contract Purchaser; _'Lessee; 'Tenant in Possession. 4. Application is made for: :!VARIANCE from the provisions of Section page of the Zoning Ordinance of the City of Northampton. ;SPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance of the City of Northampton. ^OTHER: 5. Location of Property being situated on the side of Street; and shown on the Assessors' Maps, Sheet No. , Parcel(s) 6. Zone 7. Description of proposed work and/or use; 8. (a) Sketch plan attached; ['Yes ONo (b) Site plan: CAttohed 0 Not Required 9. Set forth reasons upon which application is based: 10. Abutters (see instructions; list on reverse side of form). 12. I hereby certify that information contained herein is true to the best of my knowledge. Date Applicant's Signature Assessor's Map 11. List of Abutters: Address Sheet No, Parcel 1. 2. 3. 4, 5. 6. 7, 8, 9. 10. 11, 12. 13. 14. 15, 16. 17. 18. 19. 20, 21. 22, 23. 24. 25. 26. 27. 28. 29, 30. (Attach additional sheets, it necessary)