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49-004 (9) glendale rd certificate of bondMailing Address: P.O. Box 307 Florence, Mass. 01060 j y1�r B I'l Ii 11 a n d Incorporated TRANSIT - MIX CONCRETE 303 King Street Northampton, Mass. 01060 Telephone 584-1054 City of Northampton Planning Dept. — Larry Smith City Hall Northampton, Mass. 01060 Gentlemen: Washed Sand and Gravel Plant: Ryan Road, Florence Telephone 584-1802 July 20, 1c)R5 Enclosed is the continuation certificate of the bond for Glendale Road as required by your board. This renewal is effective May 23, 1985 until May 23, 1986. Very truly yours, BILL WILURD, INCORPMFUTED a e i YArgaret W. Treasurer MWT/jm Enc. Tobin Commercial Union Assr nce Companies RENEWAL BILL "M—W I� �O NIJATION_t iCER'llr"ICATE OBLIGEE L' !' UR W A tit s BOND DESCRIPTION GKA VL L THE COMPAQ ,SUING THIS BOND IS INDICATED BY THE FIRST L . ER IN THE BOND NUMBER AS FOLLOWS: C = COMMERCIAL UNION INSURANCE COMPANY A = AMERICAN EMPLOYERS INSURANCE COMPANY F = THE EMPLOYERS' FIRE INSURANCE COMPANY N = THE NORTHERN ASSURANCE COMPANY OF AMERICA B BISHOP INSURANCE OF HAWAII, .INrt=�klvti..ti 2-2— BOND —G BOND NUMBER AGENT NO EFFECTIVE DATETERM EXPIRATION DATE BOND AMOUNT PREMIUM COMM. 0 J :) --? —)--6 4 c : k, �, C, -U AGENT'S NAME AND ADDRESS F- b0kAdSKI INS AL°'I A W P 0 t.)Ux +17 A t GOU L_ PRINCIPALS NAME AND ADDRESS 3.L1Lk4:tiFi}-1 164 NC ELM SJK' :LT tvt s A J 7 CONTINUATION CERTIFICATE IN CONSIDERATION OF the payment of the premium stipulated, this Bond is hereby continued for the further period stated, subject to all the agreements, provisions and conditions of the said Bond as well as those of any endorsement thereof, PROVIDED ALWAYS that the liability of the Surety Company under the said Bond and the continuations thereof shall not be cumulative, and that this Certificate shall not be valid unless executed by a duly authorized Attorney In Fact of the Surety Company. L iiME kL 1A (Name of, $om ny) / (Attprney n Fact) E Lynne Goscimins�Ci G 60853-2 h t avZ t It Mailing Address: P.O. Box 307 Florence, Mass. 01060 Bill Willard, Incorporated TRANSIT - MIX CONCRETE 303 King Street Northampton, Mass. 01060 Telephone 584-1054 Gity T) -01060 Washed Sand and Gravel Plant: Ryan Road, Florence Telephone 584-1802 '� c:.t f? ��ary -r i rA �i' r;1 }1 S r('11ewp,) i , sf)r '*.� ;liiw�. �(. °�"S i r.J) 1. i`, , � _ i11" i�(i;�i':k 1 .j' i Z,i!: TJ 77t? IYC J rtl i. r.11C. OBLIGEE BOND DESCRIPTION Commercial Union Insv- ice Companies RENEWAL BILL 8( CONTINUATION CERTIFICATE CITY LIF hCRThAHPTGN THE COMPAN 'SUING THIS BOND IS INDICATED BY THE FIRST L -R IN THE BOND NUMBER AS FOLLOWS: C = COMMERCIAL UNION INSURANCE COMPANY A= AMERICAN EMPLOYERS INSURANCE COMPANY F = THE EMPLOYERS' FIRE INSURANCE COMPANY N = THE NORTHERN ASSURANCE COMPANY OF AMERICA B BISHOP INSURANCE OF HAWAII, J K*Ah ji j4 GRAN£L PERMIT r—BOND NUMBER I AGENT NO EFFECTIVE DATE TERM EXPIRATION DATE BOND AMOUNT PREMIUM COMM. % 7114191 2C4503E C5-23-87 G1 C5-23-88 �sGCC.GO __ 50.Oi AGENT'S NAME AND ADDRESS ALfXraltiOLA h P 0 k6X 417 NCRThAMPTCh EL;RAilsl( 7 MASS O1Coi J PRINCIPAL'S NAME AND ADDRESS oILL WILLARIG 1hCGRPLAkTIEr;—1 164- AG LLM STREET hCkThA#! FTCh MASS CONTINUATION CERTIFICATE ALX 5b+.7liw IN CONSIDERATION OF the payment of the premium stipulated, this Bond is hereby continued for the further period stated, subject to all the agreements, provisions and conditions of the said Bond as well as those of any endorsement thereof, PROVIDED ALWAYS that the liability of the Surety Company under the said Bond and the continuations thereof shall not be cumulative, and that this Certificaj* tube op pis NQQcute by a duly authorized Attorney In Fact of the Surety Company. ITS LL RcX 1CiT 1 ame of Cc rnoanvr' / i% BY: (Attorney in fact) G 60853-2 OBLIGEE Commercial Union Insu. -ice Companies RENEWAL BILL VJ ;��TJ p, pN8( OBLIGEE ��TY �F T4fJRTHAiNPTONCVATE BOND DESCRIPTION GRAVEL PERMIT THE COMPAI SSUING THIS BOND IS INDICATED BY THE FIRST LETTER IN THE BOND NUMBER AS FOLLOWS: C = COMMERCIAL UNION INSURANCE COMPANY A= AMERICAN EMPLOYERS INSURANCE COMPANY F = THE EMPLOYERS' FIRE INSURANCE COMPANY N = THE NORTHERN ASSURANCE COMPANY OF AMERICA B BISHOP INSURANCE OF HAWAI" ANCH ZZ BOND NUMBER AGENT NO EFFECTIVE DATE TERM EXPIRATION DATE BOND AMOUNT PREMIUM COMM. CB711419I 2045038 05-23-85101105-23-861 2,000.00 30.00 AGENT'S NAME AND ADDRESS PRINCIPAL'S NAME AND ADDRESS r BORAWSKI INC ALEX W 7 F_ BILL WILLARD INCORPORATED P 0 BOX 417 184 40 ELM STREET NORTHAMPTUN MASS 01060 NORTHAMPTON MASS J 0 CONTINUATION CERTIFICATE REX 5670W IN CONSIDERATION OF the payment of the premium stipulated, this Bond is hereby continued for the further period stated, subject to all the agreements, provisions and conditions of the said Bond as well as those of any endorsement thereof, PROVIDED ALWAYS that the liability of the Surety Company underthe said Bond and the continuations thereof shall not be cumulative, and that this Certificate shall not be valid unless executed by a duly authorized Attorney In Fact of the Surety Company. REX IC2TZX COMMERCIAL UNION INSUKANCE COMP /7 rmerrnp an;//// BY: (Attor ley in Fac G 60853-2 OBLIGEE Mailing Address: P.O. Box 307 Florence, Mass. 01060 BillUlillard Inco prated TRANSIT - MIX CONCRETE 303 King Street Northampton, Mass. 01060 Telephone 584-1054 July 30, 1990 City of Northampton Planning Dept. - Larry Smith City Hall Main St. Northampton, Ma. 01.060 Gentlemen: Washed Sand and Gravel Plant: Ryan Road, Florence Telephone 584-1802 Enclosed please find the continuation certificate of the bond for Glendale Rd. as required by your board. This renewal is effect until flay 23, 1991. Sincerely, BILL WILLE1RD, INC0RP0fVT D Beth A. Willard BAW/bw �_00 Utz ' --`.._~.`' —�`�R0NG �� 88 KING STREET ' V RA(7.F� NORTHAMPTON/ MASS 0106O � r� COMMFRCIAL UNTON (413)586 5011 --'----'- -- _^ _ -- reme- 01O6O - - _- - ------- --------'-' ^ � " ^"= or m" *m ` m�"re,ssubject to u`^= " k. .muaou ..^ '.v A Y. `~ CB7114191 OND AMO-INS - -- CITY OF NORTHAMPTON NORTHAMPTON/ M A O5/23/91 2* .S�'u o."�o� �aoureto O7/3O/9O ALEXANDER � . Bn� Mailing Address: P.O. Box 307 Florence, Mass. 01060 C, 1. t t 1I 2.7 i "3t. ort' i, t o J�-tl- C-;. BiII U, Inco orated TRANSIT - MIX CONCRETE 303 King Street Northampton, Mass. 01060 Telephone 5841054 i- t Co ti t" 0, C-rti " i tc Ul'- C -7 , 0" t rt it Washed Sand and Gravel Plant: Ryan Road, Florence Telephone 584-1802 - I t Or Mailing Address: P.O. Box 307 Florence, Mass. 01060 Washed Sand and Gravel - Plant: Ryan Road, Florence Telephone 584-1802 Bill (�l i I I a r d Inco prated TRANSIT - MIX CONCRETE 303 King Street Northampton, Mass. 01060 Telephone 5841054 May 20, 1992 City of Northampton Planning Dept. City Hall Northampton, Ma. 01060 Gentlemen: We have contested the insurance comnany concerning the continuation certificate of the bond for Glendale Rd, This bond will be renewed and forthcoming soon. office. As soon as it is received, we will forward it to your Very truly yours, BILL WI LL-A.RD, Ii: CORPORATED Margaret W. Tobin Treasurer Commercial Union Ins,-- ice Companies RENEWAL BILL 1z, & C`Q}V1TINUPTJON CERTIFICATE OBLIGEE Y ORTNAhPTON BOND DESCRIPTION 6RAYEL PERMIT BOND NUMBER AGENT NO EFFECTIN L67114191 2045638 0§-2 AGENT'S NAME AND ADDRESS f ALL-XANDER W BORAWSK P.O. BOX 417 NORTHAMPTON MA DATE ITERMI EXPIRATION DATE O1O60 J THE COMP) UING THIS BOND IS INDICATED BY THE FIRST Lam. , cR IN THE BOND NUMBER AS FOLLOWS: C = COMMERCIAL UNION INSURANCE COMPANY A= AMERICAN EMPLOYERS INSURANCE COMPANY F = THE EMPLOYERS' FIRE INSURANCE COMPANY N = THE NORTHERN ASSURANCE COMPANY OF AMEBIC, B BISHOP INSURANCE OF HAWAII, IN.Q6RANILH GL BOND AMOUNT I PREMIUM PRINCIPAL'S NAME AND ADDRESS F— MILL WILLARD INCORPORATED 184 NO ELN STREET NORTHAMPTON MASS CONTINUATION CERTIFICATE REX 4020W IN CONSIDERATION OF the payment of the premium stipulated, this Bond is hereby continued for the further period stated, subject to all the agreements, provisions and conditions of the said Bond as well as those of any endorsement thereof, PROVIDED ALWAYS that the liability of the Surety Company under the said Bond and the continuations thereof shall not be cumulative, and that this Certificate shall not be valid unless executed by a duly authoriX%k&X*p(xx;krxRxXJQ;CX 0 ")Apxjt)K• XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX BY: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX LUMMtRCIAL UNION INSURANCE COMPANY (Name of Company) (Attornav in Fact) G 60853-2 OBLIGESE U1401 Iii C sd-r U1, j- Ilu .10j -Puc`, -?qj ju U. 9d -C jo !Tda,,, Lt 0 0901[0 -Ssvw,qauqjOjA LOR xO9 *0 *d �8��.tOd�t0 = �� t t .......... 7,ogt"g auoqd9jeLL vgoj-Vqg auoqd9jeLL eauejola,puOu —Am otos uojdumqjjoN 49-I5 2ulm cog riaAvHf) C[NV C[NVS GaHMA alaaamoa xIw - JLISNVHI �o��-ur-dauzo�� ` `�aus •� saau�a,� .0 YCi iol) 1LS1i1Q.LS iiff l.WaYlidYV Y1Y11!Y _qmi Lzdlo d "�sau�TM ' ! ONI `G8VIIIM 11I9 E661 ASW 20 AVQ QUEZ ST q!� O!�unaaaq paxTiyB SIBas xrggT PUB pat%2Ts aq o!� squuasaad asatT!� pasuso aaBt[ d!�aanS pue TBdToutad pTBs atT!� `aOa-dM SSMIM NI auk 2=rnp aPBm smTBTO O! paq.TMTT O!� ea -pap s!�T JO 'pa!�saubag sAep (ST) uaa!UTJ aa�TTgO auto uZq-Tr, -puoq auk jo smaa!� ST .4TTTgBTT s, 49XUS atl •f-q-TTTgBTT Jo PaaaTTaa aq 4dT9o9g uTna.ag `TTsW paTjp�xaO Sq !�uas aop�ou u814TZA BuTrTTJ Sq amTq. d`ae q.B puoq sTq!� TODUBO JWm 49=63 atl +766L ` Ez 7,VW O!� X66 L ` Uz 7,VW moaj aq TTBgs puoq sTgt jo potaod aqq. qxq!� QMDV Mg QOOSMMM =M]d SI SI • !�OaJJa Pue aOaOJ TInJ UT uTBmaa TTBtTs !�T 9sTMaatT4.O !PTOa aq o!� uoT!�B2TTgo sTtT!� uarq!� rIHII��IO jo reaomaaauk ui!�TM uoT!�OauuoO UT !�Tmaad atT!� uT utgaoj !as suOTq.OTa�saa PUB suoT!�TPuoO PUB smsa!� 91T� TTS POTaad PTBs Butanp 'maojaad pue dea3l f-T=q- Pu -e TT9m TTBtjs TedTouTad atp. jT `3Fi&3'3= MON VW `N0TdWVH,I,H0N `•QH H'lVCIN:4'7O 3q0 xjHHTSHM QNVl HO TOZd j jo S!�aadoad arq!� moaj 'IM90 aaomea o!� !�Tmaad B pa!�ueaS uraaq ssq TBdTouTad aq!� 'gam •s!�uasaad asauq. dg STTBaaaas pue ST�uTOP 'saO!VBa�sMMPu pule saOgrnOaxa 'saTarq aTattq. pue sta-rssB pure saossaOOns aWq!� 'saaTasmatj!� puTq f4aanS pure TBdTouTad pies Joaaetlx !�uamked att!� aoj sasTTOQ SH100I/0N QNV QNVSnOH.I. OMT JO mns !�srnC pue TTS atj� ttT 'aaSTTgO auk PaTTBo VK `NOTdNVH.I.HON 20 7,113auk O!�'an Ptrnoq STmaTJ Pu-e!�s PUB uaPTotj ase `f49anS argq. PaTTBO VnOT!�09tra00 JO 9 BSS 91T� JO smsT 91T� aapun SuT�=9 pine PazTuee2ao 'uoT!p,aodaoo B `XW ggo0 7jaUnS aff hZ'I9IISVO VILW aM Pue 'TBdTOurrad auq!� PaTTBO VN `NOTdNVH180N JO 'ONI `G8VIlIM ZZIS `VetS `SMSncl ESM Ig NINA = MONX VOS 959b5L00 L � 0 Mailing Address: P.O. Box 307 Florence, Mass. 01060 Bill fillard, IncorP orated TRANSIT, MIX CONCRETE 303 King Street Northampton, Mass. 01060 Telephone 584-1054 April 16, 1980 Washed Sand and Gravel Plant: Ryan Road, Florence Telephone 584-1802 _ ` 2s o City of dorthampton "Pla.nning -Board City Hall Northampton, 1<Zass. Gentlemen: �'closed is the continuation cprti"icate or the bond for gravel and e?rth removs,1 'or nrnperty located a-onrot-imately 1500 feet south 0" WeSthamntrp Poad and a,rnro %ma:teiy 2000 feet west oma' Glendale 'Po?.d, This rerewal would be ef-`,ective May 23, 19PO until Yay ?n, jo8l. Very truly yours :ILL WILLiih_D, IY CO�PORk TI;p Margaret W. Treasurer Enc. Tolain ALVERTUS J. MORSE (1872-1949) ALVERTUS D. MORSE (1904-1982) HARLEY M. SACKS JOHN H. FITZ-GIBBON MICHAEL J. ZMACZYNSKI Cecil Clark Building Inspector City of Northampton City Hall Northampton, MA 01060 MORSE & SACKS Attorneys -at -Law 31 TRUMBULL ROAD NORTHAMPTON, MASSACHUSETTS 01060 In Re: Bill Willard, Inc. Dear Cecil, November 24, 1982 PHONE 584-1287 AREA CODE 413 You have asked for a letter construing Sections 11-18 which appears on Page 11-4 and states "18. Existing Operations. Any existing sand or gravel removal activity operating under a permit issued prior to the date of adoption of this ordinance may continue until the expiration of the permit..." and Section 4.3 that appears on Page 4-1 "...4.3 - Existing Buildings and Land. This ordinance shall not apply to existing buildings or structures, nor to the existing use of any buildings or structure or of land, to the extent to which it is legally used at the time of the adoption of this ordinance..." It is clear to me that these two sections can be read harmoniously and as such to. allow the Willard operation to continue. The Willard operation was continuing as a matter -of right prior to the adoption of the ordinance. Accordingly, under Section 4.3 this ordinance shall not apply to existing land legally used at the time of adoption. That in and of itself seems very clear. Section 18 refers only to those operations which require a permit. These would be operations starting after the adoption of the ordinance or operations which did have specific permits granted before the adoption. As Willard falls into neither of these categories, it is allowed to operate as "grand- father" under Section 4.3. At such time as Willard were to expand their operation then Section 18 would apply and thereafter Willard would have to comply with the ordinance. Accordingly, I find no requirement that Bill Willard, Inc. come in under this section so long as they operate within the confines of 9 9 L9 L b.l `.� DEC - 7 J DEP% OF BUILDING INSPEC'IONS NORTHAMPTON, MA 0: •r;: -2 - MORSE AND SACKS Mr. Cecil Clark their existing pit. November 24, 1982 If I can be of further assistance to you, feel free to contact me. 10 HMS/cab cc: Bill Willard, Inc. 303 King Street Northampton, MA 01060 Very truly yours, a U LU n >> ` tV > C Z a < LL m J a a 0 DO O > _ ui w UOZ a U 0UUwa UQ suZ02;0 p 0<z6zl;e LL, Z m a U 17 rn2i mviiZ)0ja —> >z10z3 D Z U- z a a Z C, ZLu °Z v 1� M L m m O> 1 n O O, aw =w Z -icn U F-= Z)a¢ZZ L7� J'5mWa _zz aL'>=� C- r z O '2 O Z i w Z a > w !Lww0 QJ O S S= a F- Ual H- ) g U) u n ii n CO C E U a L Z m U w 1 I w w F- F - E� w H LL ,o m LV $ J U r- w -1 ui LU cc z �, N X11 > m LU LU C7 m �n M 00 m 0 co 0 C ui O > L 4 G �O D 8 LU _° U ca x Ln Ir 4— a ° D z O a .J I- ° ' CU CU> LU r3 7 Ib '- z z .-v LUS O 4 O m n 4- U ° a d U r L (� CD C C Z U. ;@ _�N W O z I U in > p E E c8 0.2 o U Q t O E u C X CD U cu w r QU N 1? Q -P C LU �4 z I— z 4— p m � U B 0 SCD w Q + � LU '•LLL •H O .� 4— LU x �, ti ti S+ ° 00 00 E zz f O � S ti i SCD Z f -w z E U) U— aD Ui w y �..fw s! �' CELS ° v �, i ° ° ol w UJ- .J Ln g o a r. 4 n .� C Q n ca z z x e<; a� N CD a J .J '^i CL u- Z /w� n N Z f w Ci ° O 0 O m Z '= vtii Q S LoZ ° oc �"— .L 0 N X11 > m LU LU C7 m �n M 00 m 0 co 0 Mailing address: P.O. Box 307 Fiorence, Mass. 01060 Bill Ulillard, Inco orated TRANSIT - MIX CONCRETE 303 King Street Northampton, Mass. 01060 Telephone 584-1054 May 17, 1995 City of Northampton Planning Dept. City Hell 212 Main St, Northampton, Kass. 01060 Gentlemen: Washed Sand and Gravel Plant: Ryan Road, Florence Telephone 584-1802 Enclosed please find the bond for the Glendale Rd. pit operation as required by your board. This renewal will be in effect from MRy 2'�, 1995 to May 23, 1996. Very truly yours BILL WILLARD,, INCORPORATED Margaret W. Tobin Treasurer Enc, 09 S 100754656 BCA KNOW ALL MEN BY THESE PRESENTS, That, BILL WILLARD. INC.of NORTHAMPTON. MA. called the Principal, and THE AETNA CASUALTY AND SURETY COMPANY, a corporation, organized and existing under the laws of the State of Connecticut, called the Surety, are holden and stand firmly bound unto the CITY OF NORTHAMPTON MASSACHUSETTS called the Obligee, in the full and just sum of --TWO THOUSAND AND NO/100THS--Dollars for the payment whereof said Principal and Surety bind themselves, their successors and assigns and their heirs, executors and administrators, jointly and severally by these presents. 'WHEREAS, the Principal has been grantee a permit to remove. GRAVEL from the property of A PLOT OF LAND WESTERLY OFF GLENDALE RD NORTHAMPTON, MA. NOW THEREFORE, if the Principal shall well and truly keep and perform, during said period all there terms and conditions and restrictions set forth in the permit in connection with the removal of GRAVEL then this obligation to be void; otherwise it shall remain in full force and effect. IT IS FURTHER UNDERSTOOD AND AGREED that the period of this bond shall be from MAY 23, 1995 to MAY 23, 1996 . The Surety may cancel this bond at any time by filing with the Obligee fifteen (15) days written notice sent by Certified Mail, Return Receipt Requested, of its desire to be relieved of liability. The Surety's liability is limited to claims made during the terms of the bond. IN WITNESS WHEREOF, the said principal and Surety have caused these presents to be signed and their seals affixed hereunto this 23RD DAY OF MAY 1995 . BILL WILLARD, INC. Vii ess P incipal ` THE AETNA CASUALTY AND SURETY COMPANY 10 B 1 Frances M. S ea, Attorney -in -Fact THE AETNA CASUALTY AND SURETY CONIrAAIY Hartford, C�ecticut 06156 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(SHN-FACT KNOW ALL MEN BY THESE PRESENTS. THATTHE AETNA CASUALTY AND SURETY COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the Ciry of Harrford, County of Hartford, State of Connecticut. horn made, constituted and appointed, and does by these presents make, constitute and appoint James P. Reynolds, Christopher C. Murphy Vicki T. Kazlo, Kirsten M. Godek, Patricia H. Wilder, Frances H. Shea or Linette H. McNamara - - of Springfield, Massachusetts , its true and lawful Attorneys) -in -Fact. with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area nated , the following instrument(s): there desig- by his/her sole signature and act, any and all bonds, recognizances, contracts of inoemniry, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incidents thereto and to bind THE AETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of THE AETNA CASUALTYAND SURETY COMPANY, and all the acts of said Attorneyfs)-in-Fact, pursuantto the authorrtyherem .riven. r herei.v ratified and confirmed, This appointment is made under and by authonry of the following Standing Resolutions of said Company, which Resolutions are now in full force and effect VOTED: That each of the following officers: Chairman, Vice Chairman, President. Any Executive Vice President, Any Group Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President. Any Secretary, Any Assistant Secretary, may from time to time a000int Resident Vice Presidents, Resident Assistant Secretaries. Attorneys -in -Fact, and Agents to act for and on Dehalf of the Company and may give any such appointee sucn autnonry as his certificate of authority may prescribe to sign with the Company's name and seal with the Company s seal bonds- recognizances, contracts of indemnity, and otner writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any sucn appointee and revoke the power and autnoriry given him or her. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking snail be valid and binding upon the Company wnen lal signed by the Chairman, the Vice Chairman, the President. an Executive Vice President, a Group Executive, a Senior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President. pursuant to the power Prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or oy a Resident Assistant Secretary, pursuant to the cower prescribed in the certificate of authority of such Resident Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -m -Fact pursuant to the power prescribed in his or their certificate or certficates of authority, This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of THE AETNA CASUALTY AND SURETY COMPANY, which Resolution is now in full force and effect VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President. Any Executive Vice President, Any Group Executive, Any Senior Vice President, Any Vice President. Any Assistant Vice President, Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Anomeys-in-Factfor purposes only of executing and attesting bonds and undertakings and ocher writings obligatory in the nature thereof, and any such power of anomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to wnich it is attached - IN WITNESS WHEREOF, THE AETNA CASUALTY AND SURETY COMPANY has caused tnis instrument to be signed by its Assistant Vice President. and its corporate seal to be hereto affixed this $th day of June , 19 Qq THE AETNA CASUALTYdpID SU52TY COMPANY State of Connecticut I / ss. Hartford By County of riartordGeorg` Tiiompsory Assistant Vice Presiden� On this 8th day of June .19 94 , before me personally came GEORGE W. THOMPSON tome known, who, being by me duly sworn, did depose and say, that he/she is Assistant Vice President of THE AETNA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; and that he/she executed the said instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. err,,, r. v CERT1F)CATE My commission extvres Novemoer 30, 1998 Notary Pubhc Rosalind R. Christie I, the undersigned, Secretary of THE AETNA CASUALTY AND SURETY COMPANY, a stock corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Anomey and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 23RD day of MAY • 19 95 By 'Oc William T. DiRoberzs Secretary .S-1922-F(M) (3-93) Mailing Address: P.O. Box 307 Florence, Mass. 01062 Washed Sand & Gravel Plant: Ryan Road Florence Tel/Fax 584-1802 BILL WILLARD, INC. TRANSIT / MIX CONCRETE 303 King Street • Northampton, MAO 1060 MAY Telephone 584-1054 May 8, 1998 Planning Dept. City of Northampton City Hall 212 Main Street Northampton, Ma. 01060 Gentlemen: Enclosed please find the bond for the Glendale Road pit operation as requested by your board. This renewal will be in effect from May 23, 1998 thru May 23, 1999• Sincerely, BILL WILLARD, INC. JoAnn Morin Treasurer BOND NO. 009 S 154656 BCM PERMIT BOND FOR EXCAVATION AND REMOVAL KNOW ALL MEN BY THESE PRESENTS, That we BILL WILLARD. INC. (hereinafter called the Prin(i;�,,,',, and Travelers Casualty and Surety Company of America, a corporation duly licensed to conduct a SL, .A business in the State of Connecticut (hereinafter called the Surety), are held and firmly bound unto the TOWN OF NORTHAMPTON, MASSACHUSETTS (hereinafter called the Obligee), in the sum of TWO THOUSAND AND NO/100THS DOLLARS ($2,000.) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has made application to the Town of Northampton, MA for permission to excavate and remove gravel from property located at A PLOT OF LAND WESTERLY OFF GLENDALE ROAD NORTHAMPTON .MA WHEREAS, one of the requirements of the TOWN OF NORTHAMPTON with reference to the approval of said application is that a bond be filed with the Town conditioned to the performance of all conditions and safeguards imposed, including the return of topsoil to the disturbed areas in accordance with the plan filed with the Town. NOW, THEREFORE, if the Principal shall during the excavation and removal operations comply with all conditions and safeguards imposed by the said Town and reseed the disturbed areas in accordance with the plan filed with the Town, then this obligation shall be void, otherwise to remain in full force and effect, subject, however, to the following conditions: 1. The Surety shall have the option to terminate this bond upon giving thirty (30) days written notice to the Obligee. 2. The aggregate liability of the Surety for all or any defaults of the Principal shall in no event exceed the penalty of this bond. 3. The term of this bond is for a period beginning on the 23RD day of MAY, 1998 and ending on the 23RD day of MAY, 1999. Signed and sealed this 17TH day of APRIL, 1998. Witness as to Principal BILL WILLARD, INC. V Wit n ss as to Surety TRAVELERS CASUALTY At SURETY COMPANY OF AMERICA If By: Fratricia M. Wilder, r— Attorney -in -Fact / BF(71) TRAVELERS CASUALTY AND fiA"ETY COMPANY OF AMERICA Dartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL MEN BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMEBIC& a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath made, constituted and appointed, and does by these presents make, constitute and appoint James P. Reynolds, Susan Deriso, Elizabeth A. Murphy, Tracy E. Joseph, Donald E. Rowe, Colleen B. Perlmutter, William T. DiRoberts, Mary -Margaret Silberstein, Philip D. Albert, Patricia Wilder, April Douglas, Stacy Parisi, Kiersten Burns, Charles Oxley, Scott E. Hurlburt, Sandra Bahamundi, Willie Mae Martin or Caryn Caserta -Hogan * * of. Hartford, CT, Stratford, CT, Albany, NY, Springfield, MA, its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated , the following instrument(s): by his/tier sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of TRAVELERS CASUALTY AND SU TY -in-Fact, pursuant to the authority herein given, arc- COMPANY rc COMPANY OF AMERICA, and all the acts of said Attorney(s) hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company, which Resolutions are now in full force and effect: VOTED: That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Group Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorneys -in - Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his cert:°icate of authority may prescribe to sign with the Company's name ann d seal with the Company's seal bonds, recognizaces, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the pov✓r acid authority given him or her. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the Chairman, the Vice Chairman, the President, an Executive Vice President, a Group Executive, a Senior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary: or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact pursuant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the COMPANY OF AMERICA, which Resolution is now in full force and effect: following Standing Resolution voted by the Board of Directors of TRAVELERS CASUALTY AND SURETY VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Group Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, ar,,d any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (over) IN WITNESS WHEREOF, TRAVELERS CASUALTY D to be signed by its Senior Vice President, and its corporateSeREo be heretoY COMPANY OF AMERICA has caused this instrument affixed T . fixed this 1st day of July, 1997. STATE OF CONNECTICUT " TRAVELERS CASUALTY AND SURETY COMPANY }ss. Hartford AMERICA Y OF COUNTY OF HARTFORD rn,t v� 1'nN� y Bt' LJ George W. Thompson Senior Vice President On this 1st day of July, 1997, before me personally came GEORGE W. sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS C to me known, who, being b OF AMERICA, the corporation described in and which executed the ab g Y me duly corporation; that the seal affixed to the said instrument is such corporate seal; an CASUALTY AND SURETY COMPANY above instrument; that he/she knows the seal of said on behalf. of the corporation by authority of his/her office under the Standing d that he/she executed the said instrument Resolutions thereof. �.T Y.4Ji .9 LXO My commissVY ion expires June 30, 2001 Not Public Marie C. Tetreault CERTIFICATE I, the undersigned, g Assistant Secretary of TRAVELERS C SU ock corporation of the State t Connecticut, DO Certificate of Authority remains in full force and has not been T ALat AND SURETY COMPANY OF board of Directors, as set forth in the Certificate a HEREBY CERTIFY that the foregoing and attached Power of Atttorne f he n revoked; and furthermore that the Standing Y and to of Authority, are now in force. 9 Resolutions of the Signed and Sealed at the Home Office of the Com an day of 19� P y, in the City of Hartford, State of Connecticut. Dated this i an,t Rose Gonsoulin Assistant Secretary v� Alin MN S-2.135 (7.95) Mailing Address: P.O. Box 307 Florence, Mass. 01062 BILL WILLARD, INC. TRANSIT / MIX CONCRETE 303 King Street • Northampton, MAO 1060 Telephone 584-1054 Planning Dept. City of Northampton City Hall 212 Main St. Northampton, Ma. 01060 Gentlemen: Washed Sand & Gravel Plant: Ryan Road Florence Tel/Fax 584-1802 June 14, 2001 Enclosed please find the bond for the Glendale Road pit operation as requested by your board. This renewal is if effect from May 23, 2001 thru May 23, 2002. Sincerely, BILL WILLARD, INC r p >�- - - � c` _ 1_ � , G' t JoAnn Morin Treasurer iI i JUN 1 F PT OF P! IIAMPTO'+ July 11, 2001 PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON CitN Hall • 210 Main Street, Room ii • North ampton, MA o r o60-3 i 98 .(413)587-1266 • Fax: 587-1264 WapneRiden,Director • emait:planning@citp.nortbampton.ma.ws • internet:wwwnortbamptonplanning.org Joan Morin Treasurer, Bill Willard, Inc. 303 King Street PO Box 307 Florence, MA 01062 Dear Ms. Morin: Thank you for your renewed bond for the Glendale Road gravel pit operation dated June 14, 2001 for operation from May 23, 2001 to May 23, 2002. Though you have renewed this bond, this does not constitute renewal of the special permit that was originally granted by the Planning Board in 1974 for this operation. Our records indicate that this permit has never been renewed, as required under the original permit. If you have further questions, please feel free to contact me at 587-1266. Sincerely, Carolyn isch, AICP Senior Land Use Planner/Permits Manager cc: Anthony Patillo, Building Commissioner Janet M. Sheppard, City Solicitor Harley M. Sacks, Esq. planning board - conservation commission - zoning board o f appeals • housing partnership • redevelopmentauthoritp • northampton GIS economicdevelopment - communitP development - historic district commission - historical commission - central business architecture originalprinteQon recrcleQpaper office 184 No. Elm Street Northampton, Mass. Telephone 584-1802 Bill 111illard, Incorporated TRANSIT - MIX CONCRETE 303 King Street Northampton, Mass. 01060 Telephone 584-1054 City of Northampton US York Phillips, Planning Board City Hall Northampton, Mass. Dear Sir: April 30, 1975 Washed Sand and Gravel Plant: Ryan Road, Florence Telephone 584-1802 N50 1975 Enclosed is the continuation certificate of the bond. We should like the permit renewed and, in accordance with your suggestinn, will hone an officer of our company attend the planning board meeting it 7:30 P.M. on May 14th. Very truly yours BILL WILLOD, INCOBPOBATED Margaret W. Tobin Asst. Treas. Enc. Conimcrcial Union As--_rance Companies CONTINUATION CERTIFICATE COMPANY ISSUING THIS BOND IS INDICATED E FIRST LETTER IN THE BOND NUMBER AS FOL; C=COMMERCIAL UNION INSURANCE COMPAW A=AMERICAN EMPLOYERS INSURANCE COMPF F - THE EMPLOYERS' FIRE INSURANCE COMPA N=THE NORTHERN ASSURANCE COMPANY OF L J L G60853 �"' (SEE REVERSE SIDE FOR CONTINUATION CERTIFI( C i T Y LF O B L I G F E BOND DESCRIPTION .';i AVt:.. BOND NUMBER AGENT NO EFFECTIVE DATE TER EXPIRATION DAyTE BOND AMOUNT PREMIUM COMM. 1M AGENT'S NAME AND ADDRESS NAME AND ADDRESS (PRINCIPAL'S h, �. A L.'..' $$ ,.,� rq.:;: r► .. �. L J L G60853 �"' (SEE REVERSE SIDE FOR CONTINUATION CERTIFI( CONTINUATION CERTIFICATE IN CONSIDERATION OF the payment of the premium stipulated, this Bond is hereby continued for the fur- ther period stated, subject to all the agreements, provisions and conditions of the said Bond as well as those of any endorsement thereof, PROVIDED ALWAYS that the liability of the Surety Company under the said Bond and the continuations thereof shall not be cumulative, and that this Certificate shall not be valid unless executed by a duly au- thorized Attorney In Fact of the Surety Company. COMERCIAL UNION INSURANCE COMPANY (Name of Company) , Elizabeth A Sheehan,^"Of1ey Fact, Office 184 No. Elm Street Northampton, Mass. Telephone 584-1802 Bill Willard, Incorporated TRANSIT - MIX CONCRETE 303 King Street Northampton, Mass. 31060 Telephone 584-1054 City of Northampton 'K-Unixg bard City Hall worthaml)tnx, yfass. Dear Si r: WashedSand and Gravel Plant: Ryan Road, Florence Telephone 584-1802 1, 1 --Cr! L Vr wrj kP" I c,' 11979 '6"Iosmdis the Cont'"at'" CPrtifir1,tP Of the boRd fOr gravel arl eartlh remora.l for property located approy, m, t tely1500 feet south wpsth%mDtjP 'fMd and v)rro7im*;Ltely 2100 f"t wegt of Glendale "n'al. This rellmwal WouldheY,ay 21, l)70 -untilMay 2'., 111A0. L tr!zly vmqrs ITU, WILLk-T), TYt-0VP(&ATPT) Union Asstmance tis RENEWAL BILL k: 0 N r" CITY OF NORTHAMPTON LR AVE L PE kM I T R C 800WO NUMBER ac,ENT —CFFCC -5-1 C6711,.191 GATE ".—IA - -TION T )3 6 05-23-7y 10 1105-23—b0 4kCIENT S NAUP AN" Ar`,,",GESS 410AWSKI INC ,N Jk T, i t, I&i p 1 jr,, MASS L_ :1 N,)iCATC[) e,, '4�,IAREP A, wS 1)'4 IN INY,MANCE H" -A-4 AN('E COmt,,L,r.( O'Eks I !N'—JAANCE C()UpA,,.V N I-1PTijf_AN A "!'AA"r"E COMPANY OF A?AEA, BRANCH 22 f 7t RENEWAL CODE 2 21000 1 — zo I COMM % ALEX PRINCIPALS NAME ANO ADDRESS r[JILL WILLARD INCORPORATED 7 184 NO ELM STREET NORTHAMPTON MASS L REX 580701,,,11 -Mailing Address. P.O. Box 307 Florence, Mass. 01060 Bill 111 i 11 a r d, Incorporated TRANSIT - MIX CONCRETE 303 King Street Northampton, Mass. 01060 Telephone 584-1054 City n` iior`h,izntnr �l rtnTi 1 r r 3o city jTqJ1 'io r t1-1 .rnro toT-1 9 TPr"JPMPn- Washed Sand and Gravel Plant: Ryan Road, Florence Telephone 584-1802 4��Cz_p�� S IRS/ 1',rcjnspd. is t1r, rortrm)-t,;-)r rertVirq.to o" tl-r- bond -nerty Inc -ted P4-)-nrnXjM,�,tejy 'or gravHl e-,th rpmnval for T)ro 1500 fppt smltb west'rq.Tnton q.rd q,-)ProY*1tP1_y 2r)!)r) fpp.t v t of CT1pnd.�31F. This rP,-11qw-,.1 woul,d. 'hp Pffpctivp Iviev 23, 1?,�l unti I 1�1�-iy 2�, Very tril,y ynurs )jj"r,L TIV"'TT k7,7 T „ T (,- Cj�,, _P �i F T fP. i) YRri:Arp 'I W. Tobin TrH:i.si�rer Commercial Union Asp -ante Companies I u I RENEWAL BILL & CONTOBLIGEE CITY I tfr iYU 01�CATE BOND DESCRIPTION GKAVEL PERMIT BOND NUMBER AGENT NO EFFECTIVE DATE ITERIVII EXPIRATION DATE 87114191 2045038 05-23-81 1U1 05-23-821 290001 301 AGENT'S NAME AND ADDRESS PRINCIPAL'S NAME AND ADDRESS b0KAWSKI INC ALEX M BILL MILLARO INLOKPOKATEU P 0 bOX 417 184 NEI ELM STREET NOkThAMPTUN MASS 01060 NURThA.MPTON MASS THE COMP< ISSUING THIS BOND IS INDICATED BY THE FIRST TER IN THE BOND NUMBER AS FOLLOWS: C = COMMERCIAL UNION INSURANCE COMPANY A= AMERICAN EMPLOYERS INSURANCE COMPANY F = THE EMPLOYERS' FIRE INSURANCE COMPANY N - THE NORTHERN ASSURANCE COMPANY OF AMERICA B BISHOP INSURANCE OF HAWAIIAWNCH 22 BOND PREMIUM iCOMM. L J CONTINUATION CERTIFICATE REX 5"7UW IN CONSIDERATION OF the payment of the premium stipulated, this Bond is hereby continued for the further period stated, subject to all the agreements, provisions and conditions of the said Bond as well as those of any endorsement thereof, PROVIDED ALWAYS that the liability of the Surety Company underthe said Bond and the continuations thereof shall not be cumulative, and that this Certificate shall not be valid unless executed by a duly authorized Attorney In Fact of the Surety Company. BY: t OVLIVCC COMMEKCIAL UNION INSURANCE COMPANY G 60853-2 Elizabeth A. Sheehan Office F 1 :: Sweet Nrthamt tan, ?\-lass. 1 ^hone 5S,--iS02 'N'as:-te3 Sana and GraVel -- i giant: F.}gin Road, Ficrence 1 e;e^hone 554-1402 Bill DIIW7 ► o�d TRANSIT - MIX CONCRETE 303 King Street Northampton, 1J(ass. 01060 Teiepncne 5� t84-1034 City of North- mpton c/o York Phillips, rl an i ra.1rd C i t Lal l North=�r'ptan, ?�=ss. Tesr Sir: April 30, 1975 nrclesed is tha cort9rft%tion cPrtiric=rte ar the band. We S`jo111d lige the T"'ir?.t r �,neWpd end, in "CCard�riCe with your an officer of our came,nY �tt�nd the pi bring ba ,rd eet'n a.t 7:30 F.N. an Y ltr. very truly yours SILL WILL.kFD, INCC?,P0—k FD :J N -re ret W. Tobin -A_Sst. Tr: -S. 1C. 1 F aa}} cFkr[P�.i CONTINUATIGN CERTIFICATE CITY 5 _ ate.• _ Lr jS ��+`ti. a?rte. Y•_� r.'� Or�L P i`._!I T .,G=N' NO EFFECTIVE DATE SON .;k i F ��NG PtdOUNT PRFMJUM-- �- — � COtsM. PG=NT c P'.`„c FNP PDDRFSS (('' d PP,NC:P?' S t.:, 1.= AND tp-.._GR: SS );'1i -1LL r �_$ r�..�"•-.,1 J L J ISEE REVERSE SIDE FOR CONTINUATION CERTIFICATE) CONTINUATION CERTIFICATE IN CONSIDERATION OF the payment of the premium stipulated. this Bond is hereby continued for the fur- ther period stated, subject to all the agreements, provisions and conditions or the said Bond as well as these of any endorsement thereof, PROVIDED ALWAYS that the liability of the Surety Company under the said ;mond and the continuations thereof shall not be cumulative, and that this Certificate shall not be valid unless executed by a duly au- thorized Attorney In act of the Surety Company. ^�'L;�RCT �� T UNTON T'_'J U °_''1CL CO ;PANY .I; — r` r- WIIllI1CI7.IIIIIl "hull ZILSSU `411%;C W111PM11C3• 1 Mt GUMIFANT IZQUIIW I Hlb tfUNU 13 1NUIGAICU pT ` THE FIRST LETTER IN THE BOND NUMBER AS FOLLOWS. — COMPANY RENEWAL. BILL �� (� A. q ERICANI AL EMPLOYERS INUNIONRA&T?K""4f COMPANY & F - THE EMPLOYERS' FIRE INSURANCE COMPANY CO TINU TION CERTIFICATE N ; THE NORTHERN ASSURANCE COMPANY OF AMERICA N p / Y 113 BISHOP INSURANCE OF HAWAII. I C. OSLIDEE CITY OF yORTHAMPTON i4NCH 22BOND j DESCRIPTION GRAVEL PERMIT �'� •> y ! NUMBER DATE I TERM] EXPIRATION DATEI BOND AGENT'S NAME AND ADDRESS r BORANSK I INC ALEX N P 0 BOX 417 NORTHAMPTON MASS 01060 G 608532 J PREMIUM PRINCIPAL'S NAME AND ADDRESS f BILL WILLARD INCORPORATED — NO R TMA MP TON KA SS L-,kl� �7' REX 5B07DM CONTINUATION CERTIFICATE IN CONSIDERATION OF the payment of the premium stipulated, this Bond is hereby continued for the further period stated, subject to all the agreements, provisions and conditions of the said Bond as well as those of any endorsement thereof, PROVIDED ALWAYS that the liability of the Surety Company under the said Bond and the continuations thereof shall not be cumulative, and that this Certificate shall not be valid unless executed by a duly authorized Attorney In Fact of the Surety Company. (Na of C any) BY: Elizabeth A. Aeehan (Attorney in Fact) AGENT ,REX 732JOb -2 - MORSE AND SACKS Mr. Cecil Clark their existing pit. November 24, 1982 If I can be of further assistance to you, feel free to contact me. r HMS/cab cc: Bill Willard, Inc. 303 King Street Northampton, MA 01060 Very truly yours, 3Y ALVERTU5 J. MORSE (1872-1949) ALVERTUS D MORSE (1904-1982) HARLEY M SACKS JOHN H FITZ-GIBBON MICHAEL J. ZMACZYNSKI Cecil Clark Building Inspector City of Northampton City Hall Northampton, MA 01060 MORSE & SACKS Attorneys -at -Law 31 TRUMBULL ROAD NORTHAMPTON, MASSACHUSETTS 01060 In Re: Bill Willard, Inc. Dear Cecil, November 24, 1982 PHONE 584-1287 AREA CODE 413 You have asked for a letter construing Sections 11-18 which appears on Page 11-4 and states "18. Existing Operations. Any existing sand or gravel removal activity operating under a permit issued prior to the date of adoption of this ordinance may continue until the expiration of the permit..." and Section 4.3 that appears on Page 4-1 "...4.3 - Existing Buildings and Land. This ordinance shall not apply to existing buildings or structures, nor to the existing use of any buildings or structure or of land, to the extent to which it is legally used at the time of the adoption of this ordinance..." It is clear to me that these two sections can be read harmoniously and as such to allow the Willard operation to continue. The Willard operation was continuing as a matter of right prior to the adoption of the ordinance. Accordingly, under Section 4.3 this ordinance shall not apply to existing land legally used at the time of adoption. That in and of itself seems very clear. Section 18 refers only to those operations which require a permit. These would be operations starting after the adoption of the ordinance or operations which did have specific permits granted before the adoption. As Willard falls into neither of these categories, it is allowed to operate as "grand- father" under Section 4.3. At such time as Willard were to expand their operation then Section 18 would apply and thereafter Willard would have to comply with the ordinance. Accordingly, I find no requirement that Bill Willard, Inc. come in under this section so long as they operate within the confines of (� isU L9 L l! DEPT. OF BUILDING INSP7Q7! ,NS NORWMFTON, AIA Mailing Address: P.O. Box 307 Florence, Mass. 01060 Washed Sand and Gravel Plant: Ryan Road, Florence Telephone 584-1802 Bill 11111lard, Incorporated TRANSIT - MIX CONCRETE 303 King Street Northampton, Mass. 01060 Telephone 584-1054 City of Northampton Planning Dept. — Larry Smith City Hall Northampton, Mass. Gentlemen: May 2, 1983 Enclosed is continuation certificate of the bond for Glendale Road as required by your board. This renewal is effective May 23, 1983 until May 23, 1984. Very truly yours BILL WILLARD, INCORPORATED Margaret W. Tobin Treasurer Enc.