36_-091_letterAH Maple Ridge Rd- warranty convenantsSCOTT J. HAMILTON
ATTORNEY AT LAW
MILL BANK PLACE
351 PLEASANT STREET
NORTHAMPTON. MA 01060
(413) S86-8423
Af4e _rebel1,4411-:101.0 4)
KNOW ALL MEN BY THESE PRESENTS
THAT WE, MILTON B. HOWARD and WILLIAM JAMES CHRISTENSEN,
of 76 King Street, Northampton, Hampshire County, Massachusetts, for consideration of
$1.00 and other good and valuable consideration, which is hereby acknowledged,
Grants to THE CITY OF NORTHAMPTON, a Municipal Corporation with its main office
at 210 Main Street, Northampton, Hampshire County, Massachusetts
with WARRANTY COVENANTS
The land in Northampton, Hampshire County, Massachusetts, bounded and described as
follows:
Being all the street known as Maple Ridge Road, Northampton, Hampshire County,
Massachusetts, as shown on a Plan of Land entitled "The Commonwealth of Massachusetts
Street Acceptance Plan of Maple Ridge Road, prepared for the City of Northampton,
Hampshire County" and dated January 11, 1989 with revisions on January 10, 1990, which
said Plan was prepared by Hill Engineers Architects Planners of West Springfield,
Massachusetts, which said Plan is to be recorded in the Hampshire County Registry of
Deeds, herewith, and which said Road is more particularly bound and described as follows:
Beginning at a point at the intersection of the Westerly line of Florence Road and
the Northerly line of Maple Ridge Road at a point shown as Bound #1 on the above
described plan; thence running S. 04° 45' 57" E. a distance of Seventy -Eight and Ninety
One -Hundredths (78.90) feet to a point shown on said Plan as Bound #2; thence turning
and running Northerly and Westerly along a curving line with a radius of Twenty and No
One -Hundredths (20.00) feet a distance of Thirty -One and Forty -Two One -Hundredths
(31.42) feet to a point shown on said Plan as Bound #4; thence continuing Westerly and
Southerly along a curving line with a radius of Two Hundred Seventy -Three and Forty -Five
One -Hundredths (273.45) feet a distance of One Hundred Forty -One and Fifty -Five One
Hundredths (141.55) feet to a point shown on said Plan as Bound #6; thence turning and
running N. 34° 25' 30" W. a distance of Eight and No One -Hundredths (8.00) feet to a
point shown on said Plan as Bound #7; thence turning and running S. 69° 16' 09" W. a
distance of One Hundred Seventy -Two and Sixty One -Hundredths (172.60) feet to a point
shown on said Plan as Bound #8; thence running Westerly and Southerly along a curving
line with a radius of Five Hundred Forty and No One -Hundredths (540.00) feet a distance
of Two Hundred Eighty -Two and Seventy -Four One -Hundredths (282.74) feet to a point
shown on said Plan as Bound #10; thence running S. 39° 16' 09" W. a distance of Two
Hundred One and Forty One -Hundredths (201.40) feet to a point shown on said Plan as
Bound #12; thence running S. 39° 16' 09" W. a distance of Nine and Thirty -Eight One-
df
"t.
} � U
SCOTT J. HAMILTON
ATTORNEY AT LAW
MILL BANK PLACE
3S1 PLEASANT STREET
NORTHAMPTON, MA 01060
(413)586-8423
•
Hundredths (9.38) feet to a point shown on said Plan as Unmonumented Point #27; thence
continuing Southerly and Westerly along a curving line with a radius of Three Hundred
Sixty and No One -Hundredths (360.00) feet a distance of One Hundred Nine and One One -
Hundredths (109.01) feet to a point shown on said Plan as Bound #14; thence continuing
Westerly and then Northerly along a curving line with a radius of Three Hundred Sixty and
No One -Hundredths (360.00) feet a distance of Three Hundred Eighty and Ten One -
Hundredths (380.10) feet to a point shown on said Plan as Bound #16; thence running N.
62° 53' 10" W. a distance of Sixty -Four and Fifty -Eight One -Hundredths (64.58) feet to a
point shown on said Plan as Bound #18; thence continuing Westerly and Northerly along
a curving line with a radius of Four Hundred Sixty and No One -Hundredths (460.00) feet
a distance of Five Hundred Thirteen and Eight One -Hundredths (513.08) feet to a point
shown on said Plan as Bound #20; thence running N. 01' 01' 15" E. a distance of One
Hundred Thirty -Five and Twenty -Two One -Hundredths (135.22) feet to a point shown on
said Plan as Bound #22; thence running Northerly along a curving line with a radius of
Three Hundred and No One -Hundredths (300.00) feet a distance of One Hundred Sixty -One
and Eighty -Three One -Hundredths (161.83) feet to a point shown on said Plan as Bound
#24; thence running Northerly and Westerly along a curving line with a radius of Seventy -
Five and No One -Hundredths (75.00) feet a distance of Eighty -Five and Thirty One -
Hundredths (85.30) feet to a point shown on said Plan as Bound #26; thence continuing
Westerly and then Northerly along a curving line with a radius of One Hundred Seventy -
Five and No One -Hundredths (175.00) feet a distance of Nine Hundred Forty -Seven and
Eighty -Five One -Hundredths (947.85) feet to a point shown on said Plan as Bound #25;
thence ninning Southerly along a curving line with a radius of Seventy -Five and No One -
Hundredths (75.00) feet a distance of Eighty -Five and Thirty One -Hundredths (85.30) feet
to a point shown on said Plan as Bound #23; thence running Southerly along a curving line
with a radius of Three Hundred Sixty and No One -Hundredths (360.00) feet a distance of
One Hundred Ninety -Four and Nineteen One -Hundredths (194.19) feet to a point shown
on said Plan as Bound #21; thence running S. 01° 01' 15" W. a distance of One Hundred
Thirty -Five and Twenty -Two One -Hundredths (135.22) feet to a point shown on said Plan
as Bound #19; thence running Southerly and Easterly along a curving line with a radius of
Four Hundred and No One -Hundredths (400.00) feet a distance of Four Hundred Forty -Six
and Fifteen One -Hundredths (446.15) feet to a point shown on said Plan as Bound #17;
thence running S. 62° 53' 10" E. a distance of Sixty -Four and Fifty -Eight One -Hundredths
(64.58) feet to a point shown on said Plan as Bound #15; thence running Easterly and then
Northerly along a curving line with a radius of Three Hundred and No One -Hundredths
(300.00) feet a distance of Four Hundred Seven and Fifty -Nine One -Hundredths (407.59)
feet to a point shown on said Plan as Bound #13; thence naming N. 39° 16' 09" E. a
distance of Two Hundred Ten and Seventy -Eight One -Hundredths (210.78) feet to a point
shown on said Plan as Bound #11; thence running Northerly and Easterly along a curving
line with a radius of Six Hundred and No One -Hundredths (600.00) feet a distance of Three
Hundred Fourteen and Sixteen One -Hundredths (314.16) feet to a point shown on said Plan
as Bound #9; thence running N. 690 16' 09" E. a distance of Two Hundred Thirty -Nine
and Twenty -Three One -Hundredths (239.23) feet to a point shown on said Plan as Bound
#5; thence running Northeasterly along a curving line with a radius of Three Hundred
Thirty -Three and Forty -Five One -Hundredths (333.45) feet a distance of Ninety -Two and
Ninety -Four One -Hundredths (92.94) feet to a point shown on said Plan as Bound #3;
thence turning and running Easterly and then Northerly along a curving line with a radius
of Twenty and No One -Hundredths (20.00) feet a distance of Thirty -One and Thirty -Eight
One -Hundredths (31.38) feet to the point of beginning shown on said Plan as Bound #1.
Being all of Maple Ridge Road as shown on said Plan.
For title to said Maple Ridge Road see Hampshire County Registry of Deeds, Book
3012, Page 122; Book 2664, Page 311; Book 2587, Page 345; and Book 2445, Page 215.
Executed as a sealed instrument this 10th day of December, 1990
Milton . Howard
William James Christensen
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss. Z — 11 ( 1991
Then personally appeared the above named Milton B. Howard and William James
Christensen and acknowledged the foregoing instrument to be their free act and deed,
Before me, a •
Notary Public BRA () A. SN1ME4-
My commission expires:
/0- is - 19q3
SCOTT J. HAMILTON
ATTORNEY AT LAW
MILL BANK PLACE
3S1 PLEASANT STREET
NORTHAMPTON, MA 01060
(413)S86-8423
BCOK 2998 PAGE 0496
To:
FORM F
1 of 5�-
NORTHAMPTON, MASS.
9-18-86
Date
NOTICE OF SUBDIVISION AP?ROVAL OR DISAPPROVAL
City Cie--!,,
a Board on September 11 1986 by unanimous vote
The lann_ng
Date
DISAPPROVED
HEOVED
MODIFIED AND APPROVED
(cross
With conditions out one)
with bonds or surety (cross
with conditions out one)
ENDORSED: "-Planning Board approval under Subdivision
Control Law not required."
The following subdivision plan:
e Ridle
Name or description Maple g
New street names S r
Ma le R'
submitted by Christensen/Howard, Inc.
76 King Street, Northampton, MA
address
on 7/ 2/86
date
pending termination of the statutory t�enty-day appeal period.
This vote of the Planning Board is duly. (s igned )E�ard
recorded in the minutes of their 9/11/86 meeting Ch. 3 Pl ning
to City Clerk and d applicant only) certified copy of
Planning Board vote if disapproved or modified.
cc: Applicant
Building Inspector
Board of Public Works
Fire Department
Police Department
Board of Assessors
Registrar of Voters
File
Conservation Commission
40
MC-�:i•LF $ GC.=.Y
Mr.ple Ridge Subdivision
00ox 299V PAGE 0097
FORM F _
2 o f _ ,,
NORTHAMPTON, MASS.
9-18-86
Date
After twenty (20) days without notice of appeal, endorsed blue-
prints, if approved, will be transmitted to:
Applicant (6)
City Engineer (1)
Assessors (1)
File (1)
The following conditions shall apply:
1. Prior to the Board's endorsement, the developers shall submit the
following:
i A. Revised plans showing:
1. Sidewalks (bituminous 4' wide) to be constructed in accordance with
City Department of Public Works (DPW) standards, along one side of
both streets of the proposed development.
2. The sidewalks are to be built with 2.5" of bituminous concrete
(laid in two courses) over 8" of processed gravel.
3. Cape Cod berms shall be installed on the final coat of pavement
to insure 3" of reveal.
4. One additional cross section shall be included on the plans. The
cross section shall include the 60' right-of-way and the proposed
swale with.a typical driveway on the right. In addition,. the cross
section shall show the location ofa curtain drain _(PVC rigid
perforated pipe) surrounded with 2" stone and appropriate fabric
to prevent siltation of the former. The need and extent of the
curtain drain shall be determined on the field by the DPW representative.
5. All catch basins shall connect to drain manholes. Catch basins
shall have a 22 sump. Catch basin to catch basin connections are
unacceptable (see drainage at Maple Ridge and Florence Roads).
6. CB v10 shall connect to DMH #11 (see sheet 5a).
7. Pipe sizes for storm system shall be changed as follows:
DMH 35 to DMH 32 18" RC pipe
DMH 32 to DMH 12 18" RC pipe
DMH
12
to
CB 8
15"
RC
pipe
CB 8
to
Headwall
12"
RC
pipe
DMH
12
to
DMH 11
18"
RC
pipe
DMH
11
to
DMH 16
15"
RC
pipe
DMH
16
to
DMH 15
15"
RC
pipe
DMH
15
to
CB 13"
15"
RC
pipe
8. Swale on righL siae of Maple Ridge shall be rip -rapped to prevent erosion
at steep slopes.
9. An 8" gate shall be installed at the end of the existing water stub
on Dunphy Drive.
METCALF 3 EDDY
Maple Ridge Subdivision
FORM F
3 of 5
EOOK 2998 PAGE 0098 NORTHAMPTON, MA
9-18-86
10. A hydrant shall be installed at Sta. 5+40t right Spruce Lane
11. 3 - 8" water gates shall be installed at intersection of water mains
at Maple Ridge and Spruce Lane.
12. 8" water gates shall be installed on Maple Ridge at Sta. 0+10t,
Sta. 5+00±, Sta. 14+00±, Sta. 19+00± (no need for three gates at
this location as shown on the plans)
13. The water main shall follow the pavement of the Maple Ridge
cul-de-sac counterclockwise to the propused easeweat, and Lhe
hydrant shall be relocated to Sta. 26+70t right.
14. A note that water main shall have between 5 - 51-2' of cover shall
be inserted on the plans.
15. Spruce Lane and Maple Ridge (from Spruce Lane to Florence Road) have
the potential of carrying traffic generated outside the subdivision.
Therefore, they shall be 30' wide including the extension of Maple
Ridge from Spruce Lane to the cul-de-sac.
B. All easements within the subdivision shall be drawn on mylar at a
scale of 1"=40'. Documents (deeds) shall accompany said easements
for approval by the DPW and City Solicitor.
C. Detention areas off Spruce Hill
1. The detention area shall remain under the ownership of the developers,
property owners, a homeowner's association or other approval equal.
2. The detention area and all storm drain pipes outside the proposed
easements shall not become the responsibility of the City; therefore,
the cullstractiun, recuit6Lruction, waintenance dad all liabilities
incurred during their existence shall become the full responsibility
of the developers, property owners, homeowner's association or
approved equal.
Any method that the developers choose to implement in order to take
care of said detention area and storm pipes, as mentioned above, shall
be submitted by the applicants for approval by the Planning Board
and the City Solicitor.
The above-mentioned documents shall include, but not be limited to:
a. Explicit wording that the City of Northampton is not
responsible nor liable for the detention area and pipes as
mentioned above. However, the City has the right to discharge
storm water into said detention area.
b. A maintenance schedule with regular inspection by a qualified
person to insure proper function of detention area and pipes
shall be established. A bank account shall be established to
cover expenses incurred during the maintenance of detention area.
Said bank account shall have a minimum balance of $3,000 at
all times.
c. Explicit wording dealing with liabilities that might be incurred
through the existence of said detention area. A bank account
shall be opened with sufficient funds to purchase adequate
insurance coverage.
D. Detention area in cul-de-sac
All conditions mentioned in 1C
shall apply to this detention
above with the exception of 1C (a)
area.
PAGE 0099
Maple Ridge Subdivision FORM F
4 of 5
NORTHAMPTON, MA
9-18-86
E. The island at the Maple Ridge cul-de-sac is to be planted with low -
maintenance vegetation. The responsibility for maintenance and care of
said island including the replacement of bituminous berm shall remain with
the developers, their successors and assigns. The above shall be reflected
into the appropriate documents dealing with the detention area mentioned
above (see 1C and 1D).
F. The applicant shall provide the City with a Performance Guarantee, subject
to approval of the Planning Board, City Solicitor, prior to commencement of
construction. Said Performance Guarantee may take the form of either 1) a
covenant or 2) a bond, deposit of money or negotiable security in conformance
with the provisions of Section 81-U of Chapter 41, MGL. Should the developers
choose a bond, deposit of money or negotiable security, then the developers
shall complete all public roads and utilities nine months prior to the
expiration date of bond to enable the City to draw upon bond if necessary.
The monetary value of the bond shall be agreed upon by the DPW and shall be .
100 percent of the cost of completion as of the date the bond expires.
G. All of the above shall be presented to the Board within 60 days of the
expiration of the appeal period.
H. The applicant shall present the Board with two sets of mylars of the
Definitive Plans with all of the requested changes mentioned above for
the former's endorsement. Said endorsement shall take place after successful
completion of Conditions lA - 1G. Subsequent to endorsement, the City shall
record the approved plans and all related documents mentioned above at the
Hampshire County Registry of Deeds. All expenses for said recording shall be
born by the developers.
I. The Building Inspector shall issue no permits for any of the lots of the
development unless he is notified in writing by the Chairman of the Planning
Board that all necessary plans and documents have been recorded at the Registry
of Deeds (see also 2F) and, if applicable, any release of covenants.
J. Prior to the beginning of any construction, the developers, the project's
engineer and the contractor shall attend a preconstruction conference to be
arranged by the City Engineer.
2. During the physical construction of the public ways and utilities, the developers
shall comply with the following:
A. The developers shall notify in writing the DPW and Planning Board five days in
advance of the date of commencement of construction and subsequent phases of con-
struction so that proper inspection can take place.
B. After the installation of the complete water and storm (including subdrains)
systems and prior to the placement of any gravel on the proposed roadway, the
developers shall present ties to fixed and easily identifiable objects and
elevations (whenever applicable) on 4" x 6" cards of all appropriate components
of said systems so that the DPW will be able to physically locate said
components in the future. Said cards are to be prepared by the project's
engineer. Upon approval of the above by the DPW, the Planning Board shall
instruct the developers in writing to proceed with the construction.
C. The developers shall present proof, at their own expense, by a qualified
person/firm , to be approved by the City Engineer, that the gravel to be used
on the project meets State specifications.
D. The developers shall install all driveways to lots #7 through #22 and all
driveways that will cross Wetland areas. Said driveways shall be constructed
in accordance with DPW permits and standards and, wherever applicable, the
Conservation Commission's Order of Conditions.
3COK 2Tk PAGE UIUU
riaple Ridge Subdivision
FORM F
5 of 5
NORTHAMPTON, MA
9-18--86
E. The developers shall seek the permission of the owners of abutting
properties in order to rip -rap the existing stream running through said
owners' land as shown on the plans. The developers shall also guarantee
to said owners, that any damage to their property in regards to the rip -
rapping, shall be corrected at the developers' expense. Said guarantee
shall be put in writing with copies to the Planning Board.
F. The water main shall be tested by the developers or their designees for leaks
and adequate fire flow (750 g.p.m. @ 20 p.s.i. residual pressure) under the
supervision of the DPW prior to the issuance of any building permits.
Building Permits shall be issued only after the Chairman of the Planning
Board informs the Building Inspector that the above tests meet City
requirements, and if applicable, after the issuance of a release of covenant.
3. Upon completion of construction, the developers shall present the Board with:
A. Record plans, the standards for which have been set by the DPW.
B. A formal petition, signed by six Northampton residents, accompanied by
appropriate plans so that the Planning Board can proceed with the acceptance
of the ways as City streets. The standards for the plans have been set by
the DPW.
C. A document,suitable for recording, deeding the proposed public roadways to
the City.
4. There will be no occupancy permits issued by the Building Inspector for any lot
until the Planning Board notifies the latter that the following have been constructed
by the developers and approved by the City Engineer:
A. All utilities to said lot
B. A driveway, and
C. At least the binder course has been installed.
The total responsibility for the maintenance (including snow and ice removal),
repair, reconstruction of the roadway and utilities shall remain with the developers,
their successors and assigns until the Planning Board fully accepts the subdivision
and the developers have petitioned the City to accept the roads as City streets.
5. The waiver for a dead-end street longer than 500 ' is granted.
6. Proposed dwelings above the 320' elevation might need booster pumps for their
domestic water supply. The developers shall inform all prospective buyers of
lots thus affected by including an appropriate statement in the documents to
be prepared for the care of the detention areas (see 1C and 1D).
7. All conditions of the Conservation Commission and Board of Health shall become a part
of these Order of Conditions.
June 16, 1987
I Certify that I have re�,_0tVe4,n, otice of only one appeal in connection
f
with this subdivision whio��li�d`-in the City Clerk's Office on October
y William St. James.
8, 1986, by Charles Py#,Z-; , ez.,41f ; �' �ou their attorney
eni�Iur ay, Cit Cler of
Nor amp n, Mass.
Recd, enexa
t't and m's
at -
'� o'clock and imnute. #
°CPK 9!)F PAGE 0402 RIDER A
An easement for drainage, water pipes and other utilities, bounded and
described as follows:
BEGINNING at a point on the cul-de-sac of Maple Ridge Road, said point
being the Northeasterly corner of Lot 24 and the Southeasterly corner of
Lot 23 as shown on an easement plan and profile prepared for
Christensen -Howard, Inc. by the Berkshire Design Group, dated June 10
1987, and recorded in the Hampshire County Registry of Deeds in Book
Page ,13 , thence running N. 640 54' 22" W. a distance of One Hundred
Seventy -Three and Twenty -Five Hundredths (173.25) feet to a point, thence
turning and running N. 350 07' 14" W. a distance of One Hundred
Thirty -Nine and Thirty -Six Hundredths (139.36) feet to a point at the
Eastern most corner of Lot 6A Woodbrook and the Northeastern most corner
of Lot 5A Woodbrook, thence N. 110 28' 53" W. a distance of Seventy -Four
and Eighty -Two Hundredths (74.82) feet along the Northeasterly border of
Lot 6A Woodbrook to a point, thence turning and running S. 35 07'
14" E. a distance of One Hundred Ninety -Nine and Ninety -Three Hundredths
(199.93) feet to a point, thence turning and running S. 640 54' 22" E. a
distance of One Hundred Fifty -One and Forty -Eight Hundredths (151.48) feet
to a point on the above-described cul-de-sac, thence running along said
cul-de-sac a distance of Thirty -Three and Seven Hundredths (33.07) feet
along a curve with a radius of One Hundred Seventy -Five and Zero
Hundredths (175.00) feet to the point of the beginning.
•
RIDER A a,cOK 29%, Pn10IL
103
An easement for drainage bounded and described as follows:
BEGINNING at a point on the Easterly side of Spruce Lane, said point
also being the Southwesterly corner of Lot 1, all as shown on a roadway
plan prepared for Christensen -Howard, Inc. by the Berkshire Design Group,
dated June 10, 1987, and recorded in the Hampshire County Registry of
Deeds, Book 1`x_7 , Pagea3 , thence running along the Easterly side of
said lane for a distance of Sixty (60.00) Feet along a curve with a
radius of Six Hundred and Zero Hundredths (600.00) feet, to a point,
thence turning and running S. 600 31' 30" E. a distance of Eighty -Six
and Twelve Hundredths (86.12) feet to a point, thence turning and running
S. 090 50' 28" W. a distance of Thirty and Zero Hundredths (30.00) feet
to a goint and the Southerly boundary of Lot 1, thence turning and running
N. 80 09' 32" W.
along the said Southerly boundary of Lot 1 a distance of Seventy and Zero
Hundredths (70.00) feet to the point of the beginning.
nv 29-98 PAGE 010ti
RIDER A
•
An easement for drainage bounded and described as follows:
BEGINNING at a point on the Westerly side of Spruce Lane, said point
also being the Northeasterly corner of Lot 31 and the Southeasterly corner
of Lot 30, all as shown on a roadway plan prepared for Christensen -Howard,
Inc. by the Berkshire Design Group, dated June 10, 1987, and recorded in
the Hampshire County Registry of Deeds, Book"`t-1 , Page a 3 , thence
running N. 860 56' 12" W. a distance of Thirty and Zero Hundredths
(30.00) feet to a point, thence running S. 03 03' 43" W. a distance of
Thirty and Zero Hundredths (30.00) feet to a point, thence running S.
78° 36' 53" W. a distance of Thirty Three and Fifty -One Hundredths
(33.51) feet to a point on the Westerly side of Spruce Lane along said
mutual boundary to a point in the Westerly side of Spruce Lane, thence
turning and running along the Westerly side of Spruce Lane for a distance
of Thirty -Five (35.00) feet, along a curve with a radius of Five Hundred
Forty and Zero Hundredths (540.00) feet, to the point of the beginning.
•
RIDER A BCGK'299F4 PAGE 0105
An easement for drainage, bounded and described as follows:
BEGINNING at a point on the Southerly side of Maple Ridge Road,
located Seventy -Seven and Ninety -Eight Hundredths (77.98) feet from the
Westerly corner of Lot 4, as shown on a roadway plan prepared for
Christensen -Howard Inc. by the Berkshire Design Group, dated June 10,
1987, and recorded in the Hampshire County Registry of Deeds, Book ikt7 ,
Page J-3 , along a curve having a radius of Five Hundred Forty and Zero
Hundredths (540.00) feet; thence running S. 350 18' 08" W. a distance
of Seventy -Seven and Zero Hundredths (77.00) feet to a point on the mutual
boundary of Lots 3 and 4 as shown on said plan, thence continuing S. 350
18' 08" W. a distance of Ten and Zero Hundredths (10.00) feet to a point,
thence turning and running N. 540 41' 52" W. a distance of Twenty -Eight
and Twenty -Four Hundredths (28.24) feet to a point on the Southerly side
of Maple Ridge Road as shown on said plan, thence turning and running
along the Southerly side of said road a distance of Thirteen and
Fifty -Five Hundredths (13.55) feet along a curve having a radius of Five
Hundred Forty and Zero Hundredths (540.00) feet to a point located at the
Northeasterly corner of Lot 3 and the Northwesterly corner of Lot 4,
thence continuing along the Southerly side of said road a distance of
Seventy -Seven and Ninety -Eight Hundredths (77.98) feet along a curve
having a radius of Five Hundred Forty and Zero Hundredths (540.00) feet
to the point of the beginning.
LAI
F
v
j
BOOK 20`- "• PAGE 0106
RIDER A
•
An easement for drainage bounded and described as follows:
BEGINNING at a point on the Northerly side of Maple Ridge Road, said
point also being the Southeasterly corner of Lot 8 and the Southwesterly
corner of Lot 7, all as shown on a roadway plan, prepared for
Christensen -Howard, Inc. by the Berkshire Design Group, dated June 10,
1987, and recorded in the Hampshire County Registry of Deeds, Book )A'7,
Page ;-3 , thence running N. 390 16' 09" E. a distance of Sixty -Eight
and Nineteen Hundredths (68.19) feet to a point on Lot 7, thence running
S. 500 43' 51" E. a distance of Thirty -Five and Sixty -Eight Hundredths
(35.68) feet to a point on the Northerly side of Maple Ridge Road, thence
turning and running along the Northerly side of said road S. 690 16'
09" W. a distance of Fifteen and Zero Hundredths (15.00) feet to a point,
thence continuing along the Northerly side of said road a distance of
Sixty -Two and Zero Hundredths (62.00) feet along a curve having a radius
of Six Hundred and Zero Hundredths (600.00) feet, to the point of the
beginning.
Hl.:ciTlpshi::e S3. I l� ZiC� J: ----t' I ?'i*'S -t i., Fc^' Yl an
L� iJR i �to'cic_ a e.'d d
--� t:) .,
exana
s
Peoh 2338 PAGE 0101
INSTRUoiENT M
FROM
TITLE REFERENCE
4�
JUL :; 3 190`7
OFFICE OF PLANNING
Atd6 DEVELOPMENT
t � C11Y OF NORTHAMPTON, MASSACHUSETTT
tig DEPARTMENT OF PUBLIC WORKS
125 Locust Street
Northampton, MA 01060
413-582-1570
Samuel B. Brindis, P.E.
Director, City Engineer
Peter J. McNulty, Sr.
Assistant Director of Public Works
November 15, 1990
Dr. Joseph Beauregard, Chairman
Northampton Planning Board
City Hall
Northampton, MA 01060
Re: "Maple Ridge" Subdivision
Dear Dr. Beauregard:
RECEIVE&
Nov, 6 1990
�"ICE
OF PL,"1Y►NG
Our department inspected the above referenced subdivision during
the October 22, 1990 meeting with Milton Howard and Wayne Feiden
at the site. Please be advised that the developer has successfully
addressed our concerns involving the detention area and the street
bounds.
Please call me or George Andrikidis at 582-1574 should you have any
questions.
Very truly yours,
SBB/G.A./ml
C.A.
cc: Peter McNulty
Milton Howard, 76 King Street
, G'.J lvn, l .;j {' , r ., �
Samuel B.
Brindis, P.E.
Director
of Public Works
SBB/G.A./ml
C.A.
cc: Peter McNulty
Milton Howard, 76 King Street
, G'.J lvn, l .;j {' , r ., �
KNOW ALL MEN BY THESE PRESERS01-4934
BOOK 2338 PAGE 0101
THAT MILTON B. HOWARD and WILLIAM JAMES CHRISTENSEN, as individuals and
CHRISTENSEN•HOWARD, INC., a Massachusetts Corporation with a usual place of business
of at 76 King Street, Northampton, Hampshire County, Massachusetts,
brexua ", 2 'hereinafter called the
Grantor for consideration paid
grants to the City of Northampton a Massachusetts corporation, its successors,
assigns, and agents (hereinafter call the Grantee),
V,;A
tw XH9X1 HXHY the right of easement to lay, construct, reconstruct maintain, patrol,
operate, repair, and remove storm sewer pipes and structures, water pipes, water
mains and structures and other utility lines as may be required, through;over,
and under the following described real estate:
See Rider A attached hereto and incorporated herein by reference for a
description of five easements herein granted.
-T NC 4%z)%Jt. FtV't- Eft b" V%)TS hL'tjC' t Iio5C- 45arnE. I;-RslqmVUT5
5 OW N oN n Fl. A N of- LANo O(= (1 jlp LL ks� 03 c. P 12�R ARV.O
FO 1 E, M .\)—, p,e S N frRE t N 4j'i -rq—,_ !Z`-e'tC S m t � -r -` 1 s t C N
6R.ouC --J-000C ►oi VRO7 A00 CZ-co&Dj� tN T)Af�
«(NxA (r- 14k&f- 6 ,S VP, Ll 0(-' -0F-&o s Pc.AA) 3oo►c 1-4 -7 , Q A 6&, i3
It is agreed that the pipeline mains and structures shall remain the property
of the Grantee.
014935 0
BOOK 29% PAGE
DECLARATION OF COVENANTS AND RESTRICTIONS
OF MAPLE RIDGE, NORTHAMPTON
THIS DECLARATION, made this It day of /",(— . 1987, by
CHRISTENSEN-HOWARD, INC., a Massachusetts business corporation having
its usual place of business at Northampton, Hampshire County,
Massachusetts, hereinafter called the Developer, which expression
shall include its successors and the assignees of the rights
hereunder where the context so admits, is the owner of the property
herein involved.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described in
Article II of this declaration and desires to create thereon a
residential community with permanent open spaces and to provide for
the possibility of other common facilities for the benefit of the
said community, and
WHEREAS, Developer desires to provide for the preservation of the
values and amenities in said community and for the maintenance of
said open spaces and other common facilities; and, to this end,
desires to subject the real property described in Article II together
with such additions as may hereafter be made thereto (as provided in
Article II) to the covenants, restrictions, easements, charges and
liens, hereinafter set forth, each and all of which is and are for
the benefit of said property and each owner thereof; and
WHEREAS, Developer has deemed it desirable, for the efficient
preservation of the values and amenities in said community, to create
an agency to which should be delegated and assigned the powers of
maintaining and administering the community properties and
Box 29?8 ME 0148
facilities and administering and enforcing the covenants and
restrictions and collecting and disbursing the assessments and
charges hereinafter created; and
WHEREAS, Developer has incorporated under the provisions of
Chapter 180 of the General Laws of the state of Massachusetts, as a
non-profit corporation, The Maple Ridge Property Owners Association,
Inc., for the purpose of exercising the functions aforesaid;
NOW THEREFORE, the Developer declares that the real property
described in Article II, and such additions thereto as may hereafter
be made pursuant to Article II, hereof, is and shall be held,
transferred, sold, conveyed and occupied subject to the covenants,
restrictions, easements, charges, and liens, (sometimes referred to
as "covenants and restrictions") hereinafter set forth.
ARTICLE I
DEFINITIONS
Section 1. The following words when used in this Declaration or
any Supplemental Declaration (unless the context shall prohibit)
shall have the following meanings:
[a] "Association" shall mean and refer to the Maple Ridge
Property Owners Association, Inc.
[b] "The Properties" shall mean and refer to all such existing
properties, and additions thereto, as are subject to this Declaration
or any Supplemental Declaration under the provisions of Article II,
hereof.
[c] "The Common Properties" shown on the definitive subdivision
plan of Maple Ridge, prepared for Christensen -Howard, Inc., by the
Berkshire Design Group as approved by the Planning Board for the City
of Northampton, said Plan being recorded in the Hampshire County
Registry of Deeds, Book Iq-i , Page 72-3 , are as follows:
(1) A water detention (retention) area located Southerly of
Lot #1 as shown on said Plan, Easterly of Spruce Lane, as shown
on said Plan;
(2) An easement to be retained for a water detention
(retention) area situated on the island of the cul-de-sac located
at the Northerly end of Maple Ridge Road as shown on said Plan;
(3) An easement to be retained for the planting of low
maintenance shrubs on the island situated on the cul-de-sac
located at the Northerly end of Maple Ridge Road as shown on said
Plan;
(4) Such other arras, as are or may later be designated as
"Common Properties" as otherwise provided herein.
2
i
Iona PACE Clog
Said Common Properties are or will be designated and intended to
be devoted to the common use and enjoyment of the Owners of the
Properties. Further, the Common Properties shall include easement
rights granted to the Association.
[d] "Lot" shall mean and refer to Lots 1 - 31 shown upon the
recorded subdivision map of The Properties with the exception of
Common Properties as heretofore defined. Provided that the Lot
Owners may adjust their boundaries by deed so long as town by-laws
are observed and no additional lots are created. The merger of two
contiguous lots will be considered separate lots and the owner will
possess two votes; the dismemberment of a lot between two or more
other Lots will not be allowed to diminish the number of lots for
voting and assessment purposes: the owner of that portion of the
former lot possessing the requisites under the town by-laws to
re -divide, will be deemed to own two lots, or, if there is no such
Owner, the Owner possessing the largest area of the former lot will
be deemed to own two lots, or the Owners of the largest area
(combining portions divided to more than one Lot) may assign the
double lot designation by deed recorded in the Hampshire County
Registry of Deeds.
[e] "Owner" shall mean and refer to the record owner, whether
one or more persons or entities, of the fee simple title to any Lot
situated upon The Properties, but, notwithstanding any applicable
theory of the mortgage, shall not mean or refer to the mortgagee
unless and until such mortgagee has acquired title pursuant to
foreclosure or any preceding in lieu of foreclosure.
[f] "Member" shall mean and refer to all those Owners who are
members of the Association as provided in Article III, Section 1,
hereof.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
ADDITIONS THERETO
Section 1. Existing Property. The real property which is and
shall be, held, transferred, sold, conveyed, and occupied subject to
this Declaration is located in Northampton, Hampshire County,
Massachusetts and is particularly described as follows on Attachment
A.
The description of perimeter at Attachment A includes but is not
limited to Lots 1 through 31, all of which real property shall
hereinafter be referred to as "existing property."
Section 2. Additions to Existing Property. Additional lands may
become subject to this Declaration in the following manner:
Upon arrival in writing of the Association pursuant to a
two -third (2/3) vote of its Class A members and as provided in its
Articles of Incorporation, the owner of any adjacent or contiguous
lot who desires to add it to the scheme of this Declaration and to
subject it to the jurisdiction of the Association, may file,of record
3
BQOK 2900 PG. )-1110 0
in the Hampshire County Registry of Deeds a Supplementary Declaration
of Covenants and Restrictions. Such Supplementary Declaration may
contain such complementary additions and modifications of the
covenants and restrictions contained in this Declaration as may be
necessary to reflect the different character, if any, of the added
properties and as are not inconsistent with the scheme of this
Declaration. In no event, however, shall such Supplementary
Declaration revoke, modify, or add to the covenants established by
this Declaration within Existing Property.
Mergers. Upon a merger or consolidation of the Association with
another association as provided in its Articles of Incorporation, its
properties, rights and obligations, may by operation of law, be
transferred to another surviving or consolidated association of
alternatively, the properties, rights and obligations of the
Association as a surviving corporation pursuant to a merger. The
surviving or consolidated association may administer the covenants
and restrictions established by this Declaration within the Existing
Property together with the covenants and restrictions established
upon any other properties as one scheme. No such merger or
consolidation, however, shall effect any revocation, change or
addition to the covenants established by this Declaration within the
Existing Property except as hereafter provided.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. Membership. Every person or entity who is a record
owner of a fee or undivided fee interest in any lot which is subject
by covenants of record to assessment by the Association shall be a
member of the Association, provided that any such person or entity
who hold such interest merely as a security for the performance of an
obligation shall not be a member.
Section 2. Voting Rights. The Association shall have two
classes of voting membership.
Class A. Class A shall be all those owners as defined in
Article 1, Section 1, with the exception of the Developer. Class A
members shall be entitled to one vote for each Lot in which they hold
the interests required for membership by Section 1 of this Article.
When more than one person holds such interest or interests in any Lot
all such persons shall be members, and the vote for such lot shall be
exercised as they among themselves determine, but in no event shall
more than one vote be cast with respect to any such lot. Note the
special rule regarding Lot 2 in Article V, Section 11.
Class B. The Class B member shall be the Developer. The
Class B member shall be entitled to one vote for each Lot in which it
holds the interest required by Section 1.
Any Owner or the Developer shall have the right to vote by proxy
or in person, provided that where such vote is by proxy such proxy
shall be in writing signed by the owner and delivered to the
4
0
BCOK 29OF PAGE 011
Secretary of the Association at the meeting for which such proxy is
exercised.
ARTICLE IV
PROPERTY RIGHTS IN THE COMMON PROPERTIES
Section 1. Members' Easements of Enjoyment. Subject to the
provisions of Section 3, every member shall have a right and easement
of enjoyment in and to the Common Properties and such easement shall
be appurtenant to an shall pass with title to every Lot.
Section 2. Title to Common Properties. The Developer may retain
the legal title to the Common Properties until such time as they have
completed improvements thereon and until such time, as in the opinion
of the Developer, the Association is able to maintain the same but,
notwithstanding any provision herein the Developer covenants, for
itself, its successors and assigns, that it will convey the Common
Properties to the Association, not later than January 1, 1991 or when
the Class A votes exceed the Class B votes, whichever is the earlier;
and in the meantime the Developer shall lease the said Common
Properties to the Association giving it full control of the premises,
the rent thereof being one dollar per year.
Section 3. Extent of Members' Easement. The rights and
easements of enjoyment created hereby shall be subject to the
following:
(a) the right of the Developer and the Association, in
accordance with its Articles and Bylaws, to borrow money for the
purpose of improving the Common Properties and in aid thereof to
mortgage said properties; and
(b) the right of the Association to take such steps as are
reasonably necessary to protect the above-described properties
against foreclosure; and
(c) the right of the Association as provided in its Articles and
Bylaws, to suspend the enjoyment right of any Member for any period
during which any assessment remains unpaid, and for any period not to
exceed thirty (30) days for any infraction of its published rules and
regulations, except that the right to utilize Cider Mill Road may not
be suspended; and
(d) the right of the Association to charge its Members
reasonable admission and other fees for the use of the Common
Properties; and
(e) the right of the Association or transfer all of any part of
the Common Properties to any public agency, authority, or utility for
such purposes and subject to such conditions as may be agreed to by
the Members, provided that no such dedication or transfer,
determination as to the purposes or as to the conditions thereof,
shall be effective unless an instrument signed by Members entitled to
cast two-thirds (2/3) of the votes of each class of membership has
been recorded, agreeing to such transfer, purpose or condition, and
5
aarw 2998 PAbt 6112 •
unless written notice of the proposed agreement and action thereunder
is sent to every Member at least ninety (90) days in advance of any
actions taken. No such transfer shall occur without the written
acceptance of the transferee.
(f) the right of the City of Northampton to terminate the
easements described in Article I, Section 1, (c)(2) and (c)(3) as
described more particularly in the instrument creating said
easements. Said instrument to be recorded in the Hampshire County
Registry of Deeds.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
A. Dentention area located on Spruce Lane and detention area located
on the cul-de-sac of Maple Ridge Road.
1. The Association, by its Board of Directors, shall select
three Lot Owners to serve on a three member Detention Area
Maintenance Committee. The Committee shall then represent the
collective interests of the Owners in managing the detention areas,
and shall exercise those duties and functions as set forth herein.
2. Detention Area Maintenance Committee Terms: Each member of
the Committee shall serve a two (2) year term, except for the
original three members. Of these three, one shall serve a one (1)
year term, one shall serve a two (2) year term, and one shall serve a
three (3) year term. The original three members shall determine
which member shall serve which initial term.
3. Elections: Upon the completion of any said term, the Owners
shall elect a new member to the Detention Area Maintenance Committee
or re-elect the member whose term has expired, for a new two (2) year
term. There shall be no limit to the number of terms which may be
served by any one Owner. Election procedures will be determined by
the original three member Committee. In the event of a resignation
at mid-term, the Owners shall elect a replacement member to serve for
the remainder of that term.
4 Management by the Committee: The Committee shall have the
right to make such reasonable rules and regulations and to undertake
such endeavors as to properly carry out the following activities:
i. The regulation of activities within the Detention Areas
in accordance with the provisions of these Covenants and the needs of
the Owners, in conformance thereto;
Ii. The maintenance of the Detention Areas for the
activities selected by the Owners in conformance with these
Covenants;
herein;
iii. The enforcement of any of the Covenants contained
N.
0OK 299P PAGE n�
.l3
iv. The collection of maintenance charges or other costs
Incurred in the performance of authorized activities of the
Committee.
5. Maintenance of the Detention Areas: The Association shall be
responsible for and maintain the Detention Areas. Maintenance shall
be pursuant on a regular basis to insure the continual operation of
the Detention Areas in pipes. Said maintenance shall include
semi-yearly inspections of the Detention systems to be done in May
and November of each year by a competent inspector appointed by the
Committee. Upon said inspector's report the Committee shall
implement any recommendations of the inspector within 60 days.
6. Shared Costs: Each Owner shall be responsible for an equal
share of the costs arising from the ownership of said Detention
Areas. The Committee shall prepare an annual budget and shall assess
a regular fee to each Owner for any such costs.
Such costs shall include, but not be limited to the following:
operation, maintenance, reconstruction of the Detention Ponds,
maintenance of Detention Areas, taxes and insurance. Any such
charges shall constitute and create liens or encumbrances upon the
Owner's Lots and acceptance of each deed shall be construed as an
agreement to pay said charges. The Committee shall have the right to
prosecute all actions or suits or take any such proper actions which
may it its opinion be necessary for the collection of such charges.
Non-payment of any assessment shall further be governed by Section 9
of Article V(B). The liens hereby reserved shall be at all times
subordinate to the liens of any mortgagees or lenders secured by
properly recorded encumbrances.
7. Bank Accounts: The Developer and subsequent Owners shall
maintain a bank account in the name of the Association with a minimum
balance of Six Thousand ($6,000.00) Dollars to cover the expenses of
"Share Costs". Developer shall, prior to the first sale, establish
said account. For each sale of any lot, either the original sale
from the Developer to an Owner, or by an Owner to a subsequent Owner,
the buyer in such transactions shall pay to seller at closing an
amount equal to 1/31st of the balance then existing in said bank
account.
8. Insurance. The Developer and Association shall maintain
liability insurance to protect the Owners against any incidents which
may arise through use, authorized or otherwise of the Detention
Areas. The Association agrees to hold the City harmless for the
maintenance of the Detention Areas. The Association also agrees that
the City shall have the right to discharge storm water into said
detention water and pipes and further agrees to save the City
harmless from any liability arising out of said discharge.
The Developer and the subsequent owners shall maintain a bank
account with a minimum balance of One Thousand ($1,000.00) Dollars to
cover the expenses of said insurance in the name of the Association.
For each sale of any lot, either the original sale from the Developer
to an Owner, or by an Owner to a subsequent Owner, the buyer in such
7
BOOK 297Q PAGE , _ Jil •
transaction shall pay to seller at closing an amount equal to 1/31st
of the balance then existing in said account but not less than
$32.00.
9. Disposal of Dentention Common Areas: The Detention Areas may
not be sold or otherwise disposed of, except to an organization of
Owners (See Article I definite) conceived and organized to serve the
purposes set forth in this Declaration. The Detention Areas may be
conveyed at no cost to the City of Northampton, providing that the
Owners have obtained the consent of the City Council and the Planning
Board as may be permissable by the Zoning Ordinance of the City.
10. Notice to City: Within thirty (30) days of the formation of
the three member Detention Area Committee, and within fifteen (15)
days of any change in the membership of said Committee, by election
or otherwise, the Committee shall give written notice to the City of
Northampton as to the names, addresses, and telephone numbers of the
members of the Committee. Such notice shall be sent, return receipt
requested, to the following agencies:
i. City of Northampton
Office of Planning and Development
City Hall Building
210 Main Street
Northampton, MA 01060
ii. City of Northampton
Department of Public Works
125 Locust Street
Northampton, MA 01060
11. Other obligations: In the event that said Detention areas
are not owned by the Association, the Committee shall act as if said
Detention Areas were owned entirely by the Association and shall have
all the rights and obligations with respect to such areas as is
detailed herein.
B. All other maintenance assessments.
Section 1. Creation of the Lien and Personal Obligation of
Assessments. Each Owner of any Lot within the properties by
acceptance of a deed therefor, whether or not it shall be so
expressed in any such deed or other conveyance, be deemed to covenant
and to agree to pay to the Association: (1) annual assessments or
charges; (2) special assessments for capital improvements, such as
assessments to be fixed, established, and collected from time to time
hereinafter provided. The annual and special assessments, together
with such interest thereon and costs of collection thereof as
hereinafter provided, shall be a charge on the land and shall be a
continuing lien upon property against which each such assessment is
made. Each such assessment, together with such interest thereon and
cost of collection thereof as hereinafter provided, shall also be the
personal obligation of the person who was the Owner of such property
at the time when the assessment fell due. Notwithstanding the
foregoing; the Developer shall not be required to pay any such annual
im 29,98 PAGE 01J5
or special assessments for any calendar year during which no
partially or fully completed dwelling exists on such lot.
Section 2. Purpose of Assessments. The assessments levied by
the Association shall be used exclusively for the purpose of
promoting the recreation, health, safety and welfare of the residents
in The Properties and in particular for the improvement and
maintenance of properties, services and facilities devoted to this
purpose and related to the use and enjoyment of the Common Properties
and of the homes situated upon The Properties, including, but not
limited to, the payment of taxes and insurance thereon and repair,
replacement and additions thereto, and the cost of labor equipment,
material, management, and supervision thereof.
Section 3. Basis and Maximum of Annual Assessments. Until the
year beginning January 1990, the annual assessment shall not be more
than $50.00 per Lot. From and after January 1, ,
the annual assessment may be increased by vote of the Members, as
hereinafter provided, for the next succeeding three years and at the
end of each such period of three years.
The Board of Directors of the Association may, after
consideration of cueroctualnt maintenance
assessmentcosts
for any yearfuture
atnaeiesserof the
Association, fix th
amount.
Section 4. Special Assessment for Capital Improvements.
heInof
addition to the annual assessments authorized by SeCtin3, hereof,
the Association may levy in any assessment year a specialnot to exceed three (3) times the annual assessment, applicable to
that year only for the purposes of defraying, in whole or part, the
onstruction, unexpected repair or
cost of any construction or rec
a described capital improvement upon the Common
replacement of ert
Properties, including the necessary fixtures and personal p Y
ent shall havee
related thereto, providing that any such assessmthe
assent of two-thirds (2/3) of the votes of each class of Members who
are voting in person or by proxy at a meeting duly called for this
purpose, written notice of which shall be sent to all the Members
at of
least thirty (30) days in advance and shall set forth the purpose
the meeting.
Section 5. Change in Basis and Maximum of
Annual
fAssessments.
or the pers
Subject to the limitations of Section 3, her ,
and therein specified, the Association may change the maximum and basis
of the assessments fixed by Section 3 hereof prospectively
for an;
such period provided that
such
eachclass change
lshall
Membersthe
whoassent
voting
in person or by proxy,
two-thirds (2/3) of y, votes ofat a meeting duly called for this purpose,
at
written notice of which shall be sent to all Members
of leastmthirty,
(30) days in advance and shall set forth the purpose not
providing further that the limitatlon sand basisof cofothe assessmentsshall
under
apply to any change in the maximum
taken as an incident to a merger consolid tiitsin whi lesthe
of
Association is authorized to Participate Section 2, hereof.
Incorporation and under Article II,
E
BOOK 2998 PAGE 01.0
Section 6. Quorum for any Action Authorized Under Sections 4 and
5. The quorum required for any action authorized by Sections 4 and 5
hereof shall be as follows:
At the first meeting called, as provided in Sections 4 and 5
hereof, the presence at the meeting of Members, or of proxies,
entitled to cast sixty (60) per cent of all of the votes of each
class of membership shall constitute a quorum. If the required
quorum is not forthcoming at any meeting, another meeting may be
called, subject to the notice requirement set forth in Sections 4 and
5, and the required quorum at any such subsequent meeting shall be
one-half of the required quorum at the preceding meeting, provided
that no such subsequent meeting shall be held more than sixty (60)
days following the preceding meeting.
Section 7. Date of Commencement of Annual Assessments: Due
dates. The annual assessments provided for herein shall commence on
the date (which shall be the first of the month) fixed by the Board
of Directors of the Association to be the date of commencement.
The first annual assessment shall be made for the balance of the
calendar year and shall become due and payable on the day fixed for
commencement. The assessments for any year, shall become due and
payable on the first day of March of said year.
The amount of the annual assessment which may be levied for the
balance remaining in the first year of assessment shall be an amount
which bears the same relationship to the annual assessment provided
for in Section 3 hereof as the remaining number of months in that
year bear to twelve. The same reduction in the amuunt of the
assessment shall apply to the first assessment levied against any
property which is hereafter added to the properties now subject to
assessment at a time other than the beginning of any assessment
period.
The due date of any special assessment under Section 4 hereof
shall be fixed in the resolution authorizing such assessment.
Section 8. Duties of the Board of Directors. The Board of
Directors of the Association shall fix the date of commencement and
the amount of the assessment against each Lot for each assessment
period of at least thirty (30) days in advance of such date or period
and shall, at that time, prepare a roste-- of the properties and
assessments applicable thereto which shall be kept in the office of
the Association and shall be open to inspection by any Owner or the
Developer.
Written notice of the assessment shall thereupon be sent to every
Owner subject thereto.
The Association shall, upon demand at any time, furnish to any
Owner liable for said assessment a certificate in writing signed by
an officer of the Association, setting forth whether said assessment
has been paid. Such certificate shall be conclusive evidence of
payment of any assessment therein stated to have been paid.
10
i
EDOK 2995 PAGE 011";
Section 9. Effect of Non -Payment of Assessment: The Personal
Obligation of any Owner; the Lien; Remedies of the Association. If
the assessments are not paid on the date when due (being the dates
specified in Section 7 hereof) then such assessment shall become
delinquent and shall, together with such interest thereon and cost of
collection thereof as hereinafter provided, thereupon become a
continuing lien on the property which shall bind such property in the
hands of the then Owner, his heirs, devisees, personal
representatives and assigns. The personal obligation of the then
Owner to pay such assessment, however shall remain his personal
obligation for the statutory period and shall not pass to his
successors in title unless expressly assumed by them.
If the assessment is not paid within thirty (30) days after the
delinquency date, the assessment shall bear interest from the date of
delinquency at the rate of six percent per annum, and the Association
may bring an action at law against the Owner personally obligated to
pay the same or tomforeclose the lien against the property or both,
and there shall be added to the amount of such assessment costs of
such proceedings and in the event a judgement is obtained, such
judgement shall include interest on the assessment as above provided
and a reasonable attorney's fee to be fixed by the court together
with the costs of the action.
Section 10. Subordination of the Lien to Mortgagees. The lien
of the assessments provided for herein shall be subordinate to the
lien of any first mortgage now or hereafter placed upon the
properties subject to assessment; provided, however, that such
subordination shall apply only to the assessments which have become
due and payable prior to a sale or transfer of such property pursuant
to a decree of foreclosure, a foreclosure sale under a power of sale
contained in such mortgage, or any other proceeding in lieu of
foreclosure. Such sale or transfer shall relieve such property from
liability for any assessments thereafter becoming due nor from the
lien of any such subsequent assessment, such liability and lien
always being subordinate to any subsequent first mortgage.
Section 11. Exempt Property. The following property subject to
this Declaration shall be exempted from the assessments, charges and
liens created herein except for those enumerated in Article V, A,
above: (a) all properties to the extent of any.easement or other
interest therein dedicated and accepted by the local public authority
and devoted to public use; (b) all Common Properties as defined in
Article 1., Section 1, hereof; and (c) all land owned by the
Developer;
ARTICLE VI
OBLIGATIONS OF THE ASSOCIATION
1. The Association is responsible for the maintenance and repair of
the Common Properties. All must be kept free of debris and
functional for their respective uses.
2. The Association is responsible for enforcing the Use Restrictions
contained in this document.
11
•
BQQX 20.9R PAGE OM
ARTICLE VII
USE RESTRICTIONS
The Restrictive Covenants to which the said Lots 1 through 31,
within the existing property to be subject, such restrictive
covenants to bind each and every Lot within the existing property and
to run in favor of each and every other Lot within the existing
property:
USE RESTRICTIONS FOR MAPLE RIDGE
1. All buildings erected on Maple,Ridge Lots shall be at least forty
(40) feet from the street line, twenty (20) feet from any side
line, and forty (40) feet from any rear line.
2. The area of the Maple Ridge subdivision shall not contain more
separate building parcels than as accepted by the City of
Northampton in the final definitive plan; this will not preclude
additional lots on land added to the original area.
3. The purchaser, his or her heirs or assigns, shall not cut down or
remove from any Maple Ridge site trees having a circumference of
more than eighteen (13) inches at breast height without the
written approval of the developers or their assigns or by order
of the Department of Public Works, of the City of Northampton in
the performance of their official duties.
4. The type of architecture of the building to be erected shall be
in keeping with the general development and surroundings and all
plans therefore shall be submitted to and approved in writing by
the developers, Christensen -Howard Inc., or their assigns, before
construction shall start on said building or buildings. Written
approval will be provided suitable for recording.
5. No building shall be erected in Maple Ridge other than a single
detached dwelling house with garage and/or barn, and the house
erected shall be used as a private single family residence as its
main function.
G. No building, fence, wall or other structure shall be commenced,
erected, or maintained upon any site in Maple Ridge Subdivision,
nor shall any exterior addition to or change or alteration
therein be made until the plans and specifications showing the
nature, kind, shapes, height, materials, and locations of the
same shall have been submitted to and approved in writing as to
harmony of external design and location in relation to
surrounding structures and topography, without the written
approval of the developers or their assigns.
7. No structure of a temporary character, trailer (except during
construction period of a reasonable length of time), shack or
garage shall be used on any site at any time as a residence
either temporarily or permanently.
12
0
BOOK ?99$ PAGE 0li9
8. No noxious or offensive activity shall be carried on upon any
lot, nor shall anything be done thereon which may be or may
become an annoyance or nuisance to the neighborhood. Noise may
constitute a noxious or offensive activity. No chicken farm may
be operated on any Lot; no commercial farming activity that
causes a nuisance due to noise or odor to other Lots on Maple
Ridge may be carried on.
9. The outside storage of items in a location which is visible from
the roadway or from another house is not permitted. Owners are
encouraged to consider outbuildings or hedges to enclose their
property. Operation of this provision is suspended during
construction work on the premises, provided such work is
diligently pursued.
10. No site shall be used for the public display or sale of goods,
wares, or merchandise of any kind, including those made upon the
premises. Nothing in this paragraph or in these restrictions
generally shall be interpreted as precluding the rendering of
professional services or tag sales to the number of two (2) per
year.
11. No signs shall be displayed upon any site except a temporary sign
not in excess of four (4) square feet in area indicating that the
premises are for sale or rent or a professional sign permitted by
the Northampton Zoning By -Laws.
12. Non-commercial, personal projects such as the repairing of a
motor vehicle in a driveway are permitted. However, the
suspension of active work for more than three (3) days will
render the project storage which is not permitted under
Restriction 9 above. A project which is continuous, that is,
lasts for sixty (60) days or more, or which is succeeded by
other, similar projects, such that unsightly projects are the
normal state of affairs at a premises, is forbidden, if visible
from the roadway or another house.
13. No storage of unlicensed motor vehicles or parts is permitted to
be visible from the roadway or any adjoining site.
14. An antenna structure exceeding nine (9) feet in any dimension
must be approved in writing by the developers or their assigns.
15. No exterior lighting shall interfere with any neighbors. No
laundry line shall be placed so that it is visible to any
neighbor.
16. Only mail and newspaper boxes that are approved by the Developers
or their assigns are permitted.
ENFORCEMENT PROVISIONS
Section 1. The right to sue to enforce the above restrictions is
held by Christensen -Howard, Inc., the owner of any parcel which is
subject to the above restrictions, and the Maple Ridge Property
13
BOOK 2998, Pd X120 •
Owners Association, Inc. In the event of suit following thirty (30)
days written notice to the offending party, the prevailing party may
recover reasonable attorney's fees.
Section 2. Enforcement. Enforcement of these covenants and
restrictions shall be by any proceeding at law or in equity against
any person or persons violating or attempting to violate any covenant
or restriction either to restrain violation or to recover damages,
and against the land to enforce any lien created by these covenants,
and failure by the association or any Owner to enforce any covenant
or restriction herein contained shall in no event be deemed a waiver
of the right to do so thereafter.
Section 3. Notices. Any notice required to be sent to any
Member or Owner under the provisions of this Declaration shall be
deemed to have been properly sent when mailed, postpaid, to the last
known address of the person who appears as Member or Owner on the
records of the Association at the time of such mailing.
Section 4. Severability. In validation of any one of these
covenants or restrictions by judgment or court order shall in no way
effect any other provisions which shall remain in full force and
effect.
IN WITNESS WHEREOF, the Developers and the undersigned Owners
have hereunto set their hands and seals respectively on the date and
year above written.
CHRISTENSEN-HOWARD, INC.
By ��- LS
MILTON B. HOWARD, its President
By -' / -614 LS
WILL A JAMES CHRISTENSEN, its
Treasurer
!?
LS
MILTON B. HOWARD
k
�qC�A LS
WILLI M ZrAMES CHRISTENSEN
14
i
0
BOOK 299M PAGE OJ21
Commonwealth of Massachusetts
Hampshire, ss. �UNi f� , 1987
.Personally appeared the above named William James Christensen and
Milton B. Howard, as owners of the real est to and as o icF
of
Christensen -Howard Inc., and acknowledge doreggi o its
free act and deed and their free act and ee bef r
Notary Pu c
My commission expires:
TAvvj. i<�1199L
g pshire ss. _ � m'nates. M•, Rec'd, ent'd anti
�� VZ �� 1987 at L—O"'ccs and n Iaa z
NTH) (DAY) � &I `F
�, of Deeds, book n ---Fade
exazn'd with H ampsizi.e Reg.
A` St a
M
fo%299PAGE 0107
01, 1 A
INSTRUmENT I
TITLE REFERENCE
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SCOTT J. HAMILTON
ATTORNEY AT LAW
MILL BANK PLACE
351 PLEASANT STREET
NORTHAMPTON. MA 01060
(413) 586-8423
KNOW ALL MEN BY THESE PRESENTS THAT
Milton B Howard and Wdliam Janes Christensen, as individuals, and Christensen •Howari4
Inc-, a Massachusetts corporation with a usual place of business at 76 King Street,
Northampton, Massachusetts, and Daniel Long and Karen Long of 59 Winterberry Lane,
Northampton, Massachusetts, and Larry G. Stone of 5 Birch Lane, Northampton,
Massachusetts, (hereinafter the "Grantor") for consideration of one ($1.00) dollar,
receipt of which is hereby acknowledged,
grant to the City of Northampton, a Massachusetts corporation, its successors, assigns, and
agents (hereinafter the "Grantee"),
with QUITCLAIM COVENANTS
the right of easement to lay, construct, reconstruct, maintain, patrol, operate, repair, and
remove storm sewer pipes and structures, water pipes, water mains and structures and
other utility lines as may be required, through, over, and under the following described
real estate:
A utility easement shown as a relocated utility easement on a plan of land entitled
"Woodbrook Estates, Plan of Relocated Utility Easement on Lots 7 and 8,11, dated
December 10, 1990, which said plan is to be recorded in the Hampshire County Registry of
Deeds herewith, and which said easement is more particularly bound and described as
follows:
Beginning at a point located at the northwesterly comer of Lot 7, and the southwesterly
corner of Lot 8, as shown on the above plan, thence turning and running northerly and
easterly along a curving line with a radius of 25.00 , a distance of 16.99 , to a point; thence
turning and running easterly and northerly along a curving line with a radius of 460.00 , a
distance of 13.741 to a point; thence turning and running S. 42° 24, 411, E. a distance of
150.76 , to a point; thence turning and running N. 80° 52, 58" E. a distance of 187.31, to
a point; thence turning and running S 35° 07, 141, E. a distance of 128.37 , to a point;
thence turning and running S. 11° 28, 53" E. a distance of 74.82 , to a point; thence
turning and running N. 35° 07, 141, W. a distance of 177.92' to a point; thence turning and
running S. 800 52, 58" W. a distance of 184.72' to a point; thence turning and running N.
420 24, 41,, W. a distance of 166.51, to the point of beginning.
All of the above described pipes, structures, mains and lines to remain the property
of the City of Northampton.
SCOTT J. HAMILTON
ATTORNEY AT LAW
MILL BANK PLACE
3S1 PLEASANT STREET
NORTHAMPTON, MA 01060
(413)586-8423
Executed as a sealed instrument this
Hampshire, ss.
•
of ,1990
MILTON B. HOWARD
WILLIAM JAMES CHRISTENSEN
CHRISTENSEN.HOWARD, INC.
Milton B. Howard, President
BY \u.1.� �%�"c,�,.
William James Christensen, Treasurer
DANIEL LONG
KAREN LONG
LARRY G. STONE
COMMONWEALTH OF MASSACHUSETTS
/ZAZ� 1990
Then personally appeared the above named Milton B. Howard and William James
Christensen as individuals and Christensen*Howard, Inc., by Milton B. Howard as President,
and William James Christensen as Treasurer acting for and on behalf of the corporation,
and acknowledged the foregoing instrument to be their free act and deed,
Before me,
Scott J'ffa;AtqY
Notary Public
V-
•
My commission expires: January 18, 1991
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss. 1990
Then personally appeared the above named Daniel Long and Karen Long, and
acknowledged the foregoing instrument to be their free act and deed,
Before me,
Notary Public
My commission expires: January 18, 1991
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss.
1990
Then personally appeared the above named Larry G. Stone, and acknowledged the
foregoing instrument to be their free act and deed,
Before me,
SCOTT J. HAMILTON
ATTORNEY AT LAW
MILL BANK PLACE
351 PLEASANT STREET
NORTHAMPTON. MA 01060
(413) 586-8423
Notary Public
My commission expires: January 18, 1991
KENNETH H LIE BERMAN
ATTORNEY AT LAW
Sullivan Square
17 New South Street
Northampton, Massachusetts 01060
413-586-0210
FAX 413-586-6229
June 29, 1993
Ms. Wayne Feiden
Office of Planning and Development
City Hall
210 Main Street
Northampton, MA 01060
RE: Maple Ridge Subdivision/Florence Savings Letter of Credit
Dear Mr. Feiden:
Please be advised that Bob Cook of the Florence Savings Bank
has set up an escrow account for the subdivision detention areas.
Mr. Cook has funded this account with Three Thousand Dollars
($3,000.00). The additional Three Thousand Dollars ($3,000.00)
will be raised from the homeowners in Maple Ridge. Therefore, all
issues regarding the detention areas have been resolved. Thank you
for your cooperation throughout this matter.
Sincerely,
Kenneth Lieberman
KL/kbl
cc: Mr. Bob Cook, Florence Savings Bank
:J-tju92 15148
RELEASE OF COVENANTS co
Know all men by these presents, that the undersigned, being a majority of the members of
the Planning Board for the City of Northampton, Massachusetts, hereby release any and all
rights and covenants with respect to and covering land known as lots 3, 6, 24, 226, and
27 in the Maple Ridge subdivision, Northampton, Hampshire County, Massachusetts, which
said covenants are more particularly described in a document recorded in the Hampshire
County Registry of Deeds in Book 3507, Page 213. _
Specifically excluded from this release is the covenant concerning lot number 1 in
said subdivision, which said lot is being held pending the completion of certain wetlands
work all as referenced in the Planning Board subdivision approval, which said approval is
recorded in said registry in Book 2998, Page 96.
In witness whereof, the undersigned members of the Northampton Planning Board
have executed this release as a sealed instrument this 15T" day of 1991
The Northampton Planning Board;
By
ByGtAt
By !�
By
_
By
By •
COMMONWEALTH OF MASSACHUSETTS
Hampshire County, ss Date: ?//s/>/
Then personally appeared &. N,+4E , personally known by me, who
stated that the above is true and accurate to the best of his/her knowledge and belief,
before me,
�� "0'.
Notary Public
Commission Expires:
WAYN< M. rMIDEN
NOTARY PUBLIC
COMMIBRION iltelRES JAN. I& 1"G
/�42
Dat 1991at o'clock and = �=nt7*aa__
' !!ti?.. Recd ent'd and ezanM.
KNOW ALL MEN BY THESE PRESENTS THAT
Milton B. Howard and William James Christensen, as individuals, and
Christensen.Howard, Inc., a Massachusetts corporation with a usual place of business
o at 76 ICng Street, Northampton, Massachusetts,and Daniel Long and Karen Long, of
59 Winterberry Lane, Northampton,. Massachusetts, (hereinafter the "Grantor") for
consideration of one ($1.00) dollar, receipt of which is hereby acknowledged,
grant to the City of Northampton, a Massachusetts corporation, its successors,
assigns, and agents (hereinafter the "Grantee"),
with QUITCLAIM COVENANTS
the permanent easement to lay, construct, reconstruct, maintain, patrol, operate, repair,
and remove storm sewer pipes and structures, water pipes, water mains and structures
and other utility lines as may be required, through, over, and under the following
• ; described real estate:
s�
A utility easement shown as a relocated utility easement on a plan of land entitled
z "Woodbrook Estates, Plan of Relocated Utility Easement on Lots 7 and 8,", dated
C` b- December 10, 1990, which said plan is to be recorded in the Hampshire County Registry
of Deeds herewith, and which said easement is more particularly bound and described
as follows:
Beginning at a point located at the northwesterly corner of Lot 7, and the
southwesterly corner of Lot 8, as shown on the above plan, thence turning and running
northerly and easterly along a curving line with a radius of 25.00' a distance of 16.99' to
a point; thence turning and running easterly and northerly along a curring line with a
radius of 460.00' a distance of 7.10' to a point; Thence turning and running N. 830 09' 10"
a distance of 8.07' to a point; thence turning and running S. 420 24' 41" E. a distance of
147.04' to a point; thence turning and running N. 800 52' 58" E. a distance of 187.31' to
a point; thence turning and running S. 350 07' 14" E. a distance of 128.37' to a point;
thence turning and running S. 110 28' 53" E. a distance of 74.82' to a point; thence
turning and running N. 350 07' 14" W. a distance of 177.92' to a point; thence turning
and running S. 800 52' 58" W. a distance of 184.72' to a point; thence turning and running
N. 420 24' 41" W. a distance of 166.51' to the point of beginning.
All of the above described pipes, structures, mains and lines to remain the property
of the City of Northampton.
1514'7
KNOW ALL MEN BY THESE PRESENTS THAT
Milton B. Howard and William James Christensen, as individuals, and
Christensen.Howard, Inc., a Massachusetts corporation with a usual place of business
o at 76 ICng Street, Northampton, Massachusetts,and Daniel Long and Karen Long, of
59 Winterberry Lane, Northampton,. Massachusetts, (hereinafter the "Grantor") for
consideration of one ($1.00) dollar, receipt of which is hereby acknowledged,
grant to the City of Northampton, a Massachusetts corporation, its successors,
assigns, and agents (hereinafter the "Grantee"),
with QUITCLAIM COVENANTS
the permanent easement to lay, construct, reconstruct, maintain, patrol, operate, repair,
and remove storm sewer pipes and structures, water pipes, water mains and structures
and other utility lines as may be required, through, over, and under the following
• ; described real estate:
s�
A utility easement shown as a relocated utility easement on a plan of land entitled
z "Woodbrook Estates, Plan of Relocated Utility Easement on Lots 7 and 8,", dated
C` b- December 10, 1990, which said plan is to be recorded in the Hampshire County Registry
of Deeds herewith, and which said easement is more particularly bound and described
as follows:
Beginning at a point located at the northwesterly corner of Lot 7, and the
southwesterly corner of Lot 8, as shown on the above plan, thence turning and running
northerly and easterly along a curving line with a radius of 25.00' a distance of 16.99' to
a point; thence turning and running easterly and northerly along a curring line with a
radius of 460.00' a distance of 7.10' to a point; Thence turning and running N. 830 09' 10"
a distance of 8.07' to a point; thence turning and running S. 420 24' 41" E. a distance of
147.04' to a point; thence turning and running N. 800 52' 58" E. a distance of 187.31' to
a point; thence turning and running S. 350 07' 14" E. a distance of 128.37' to a point;
thence turning and running S. 110 28' 53" E. a distance of 74.82' to a point; thence
turning and running N. 350 07' 14" W. a distance of 177.92' to a point; thence turning
and running S. 800 52' 58" W. a distance of 184.72' to a point; thence turning and running
N. 420 24' 41" W. a distance of 166.51' to the point of beginning.
All of the above described pipes, structures, mains and lines to remain the property
of the City of Northampton.
Executed as a sealed instrument this 30th day of July, 1991
S1bN�7vRe5
Hampshire, ss.
MILT N B. HOWARD
r
WIWIL&M JAMES H ISTENSEN
CHRISTENSEN e HOWARD, INC.
/ (I V
BY
Miiton B. Howard, President
BY
William James Christensen, Treasurer
Gz�
DANIEL LONG
R Ar
r, V, Wax
WROW-
I .
COMMONWEALTH OF MASSACHUSETTS
July 30, 1991
Then personally appeared the above named Milton B. Howard and William James
Christensen as individuals and Christensen• Howard, Inc., by Milton B. Howard as
President, and William James Christensen as Treasurer acting for nd on behalf of the
corporation, and acknowledged the foregoing instrurgpnt to b%th� free gao aF4leed,
Before
Scoff J. H mi ori
Notary Pub
My commission expires: 2/20/98
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss. August 3, 1991
Then personally appeared the above named Daniel Long and Karen Long, and
acknowledged the foregoing instrument to be their fret * and cue
Before
Notary Public /
My commiss expires: 2/2-0198
Aar -�Pte; �991�t�o�cToc'k an �ttt� /NI.,Reed. ent'dam
( NTH) (DAY) • _7
esam'd with Hampshife Reg. of Deeds, kook a,,
] age
VI I
d
Samuel B. Brindis, P.E.
Director, City Engineer
Peter J. McNulty, Sr.
Assistant Director of Public Works
December 5, 1991
CITY OF NORTHAMPTON, MASSACHUSETTS
DEPARTMENT OF PUBLIC WORKS
125 Locust Street
Northampton, MA 01060
413-582-1570
Dr. Joseph Beauregard, Chairman
Planning Board
City Hall
Northampton, MA 01060
Re: Maple Ridge Subdivision
Dear Dr. Beauregard:
The Department of Public Works inspected all construction phases of
the public infrastructure in regard to the above referenced
subdivision. The methods of construction and materials used in the
performance of the work were in conformance with the City's
Subdivision Rules and Regulations. The "Street Acceptance" and
"Record" plans have been approved.
Very truly yours,
Samuel B. Brindis, P.E.
Director of Public Works
SBB/G.A./ml
(11. X.
cc: Peter McNulty
IV\GeorgeA4\MapleRid.Sub
CITY OF NORTHAMPTON, MASSACHUSETTS
DEPARTMENT OF PUBLIC WORKS
` 125 Locust Street
Northampton, MA 01060
Samuel B. Brindis, P.E. 413-582-1570
Director, City Engineer
Peter J. McNulty, Sr.
Assistant Director of Public Works
REPORT AND RECOMMENDATION OF THE BOARD
OF PUBLIC WORKS TO THE CITY COUNCIL
On October 3, 1991, the City Council referred to the Board of
Public Works a petition for the acceptance of Maple Ridge Road and
Spruce Lane as City Streets.
The Board of Public Works held a public Hearing on November
23, 1991 and after considering the petition voted unanimously to
recommend the layout and acceptance of said Maple Ridge Road and
Spruce Lane to the City Council.
cc: Planning Board
a:\wary\st.acceptance
G�P�
Respectfully submitted
The Board of Public Works of the
City of Northampton
Samuel B. Brindis, P.E.
Director of Public Works
The
Berkshire
Design
Group
August 29, 1986
Northampton Planning Board
City Hall
Northampton, MA 01060
RE: "Maple Ridge" Subdivision Plan
To the Planning Board:
Landscape Architecture
Community Planning
Historic Preservation
Urban Design
In response to the Department of Public Works and Board of Health's
concerns as stated in the July 22, 1986 and July 29, 1986 letters, r1he
Berkshire Design Group, representing Christensen -Howard, Inc., hereby
submit the rquested revisions. In order to ease the review process we will
address these points in a "deck list" fashion corresponding to the above
mentioned letters.
Department of Public Works
A: WAIVERS
1. A four foot wide sidewalk will be provided on one side of the
proposed street as shown on the plans. Construction methods and
materials will be in accordance to Northampton subdivion
regulations.
2. The bituminous concrete curbing (sloped cape cod bum style)
remain as originally specified due to the rural character of the
area.
3. The maintainance of the cul-de-sac island including its retention
area, headwalls, etc. will be the responsibility of the Property
Owners association.
4. Paved roadway width will be 26'-0" instead of standard 30'-0"
wide.
GTrumbnllRoad N(nnhamptnn,Mwrla ouniial'IVVV (11J) 11.7141
•
- Northampton Planning Board / Maple Ridge / page 2
B: ROADWAY
1. Plans and corresponding profiles are shown on the same sheet.
2. The developer will coordinate with the Department of Public Works
the installation of driveways at the vicinity of lots 9, 10, 11,
12, 17, 18, 19, 21, and 22. The grading will be done to the
satisfaction of the City of Northampton.
_ 3. In response to extending an easement to the Wanczyk property line
we feel the Maple Ridge development is too close to Florence Road
to be of value as an alternate route to Burts Pitt Road.
Therefore we request that Maple Ridge road not extend to the
Wanczyk property.
4. The slope on Maple Ridge Road does not excede 8%.
5. A curtain drain will be installed if so directed by the DPW
representative.
C: EASEMENTS
1. All easements including metes and bounds are shown on the plan.
D: DRAINAGE
Items numbered 1 through 8 have been answered as shown on plans
with exception to #5. We feel that ganging DI #25 to a headwall
would result in excess grading and renoval of many existing
specimen trees. Therefore we would prefer to install a drainage
inlet.
E: WATER
Items numbered 1 through 5 have been answered as shown on the
plans. In response to item #6, the water main loops to Woodbrook
subdivision.
-- F: GENERAL
1 & 2. Both of these areas will be under the responsibility of the
property owners association.
3. We are discussing the names with the Northampton Fire Department.
Northampton Planning Board / Maple Ridge / page 3
1. Perc test will be performed for lots 7, 8, 9, 240, 25, and 26 and
corresponding test data will be submitted.
2. Natural drainage swales will be used in connection with Woodbrook
subdivision. Easements have been shrwn on the plans.
3. As a result of numerous test pits performed throughout the
development, we have not encountered the bottom of the Glacial
Till. At the intersection of Spruce Lane and Maple Ridge Road,
there is proposed a 7 foot cut for roadway construction, with
another 2 foot cut for installation of a drainage swale. r1he
resulting elevation is within the Glacial Till material, therefore
we're providing a relief valve for a portion of the water that
enters this area. Furthermore, the swale along Maple Ridge Road
will interrupt the majority of the surface runoff from the
hillside, thus alleviating the drainage problems toward Dunphy
Drive.
4. Additional data concerning the retention basin is enclosed.
5. Cn August 1, 1986, the water table elevation in the retention basin
area was at elevation 269.0, therefore we have raised the depth of
the basin to be at this elevation and provided a larger, more
shallow retention area.
Furthermore, we have provided a meandering swale (stream) which
will run through the basin, eliminating any pooling of water.
We believe that we have answered all of the concerns of the DPW, Board of
Health, Planning Board, and abutters. If there are any questions
concerning the above information, please call me at 596-9541.
Sincerely
Peter H. Wells, ASIA
Partner
PHW/cl
ALMER HUNTLEY, JR. & ASSOCIATES, INC. ALMER HUNTLEY, JR., PE., RIs
SURVEYORS - ENGINEERS - LANDSCAPE ARCHITECTS DOUGLAS W. THOMPSON, RLS
P.O. Box 56H / 125 PLEASANT ST. / NORTHAMPTON, MASS. 01061 WILLIAM R. GARRITY, LA
)413) 584-7444 JOHN G. RAYMOND, PE
January 2, 1986
Christensen - Howard Inc.
16 King Street
Northampton, MA 01060
Gentlemen:
As per our agreement, we have completed an investigation and computer
� n analysis for predicted water pressures and available fireflows in the proposed
development located off Florence Road between Woodbrook and Dunphy Drive.
Our computer analyses included 1) normal operating conditions within the
development, 2) fire flow requirement added to the average daily demand of the
sy5Leln of 4.2 MGD drawn from the Mountain Street Reservoir and one municipal
well, and 3) fire flow requirement added to the maximum daily system demand of
5.5 11GD supr)Ued by the reservoir and both municipal wells; all with and without
the two proposed 1.0 million gal Lon storage tanks expected to be built this year.
As a result of this investigation, we have concluded that no development
Dwill be possLble above the 330 foot USGS elevation. At this elevation, both the
r, rn.�l cep r;1`int; pressure of 35 psi. as recommended by Mass. DEQE, and the City of
'd1r�_hampt_„n fire fighting requirement of 750 gpm at 20 psi can be achieved. This
Eire figllti-ng requirement applies to one and two-family dwellings not exceeding
two stories in height where the distance between buildings is between 31 and .100
feet.
The maximum elevation of 330 feet met or exceeded all the pressure and fire
fighting requirements with the storage tanks on-line. Without the tanks, the
required fireflow of 750 gpm resulted in a res -.dual pressure of. only 19.6 psi
under average daily demand conditions and only 15.0 psi under maximum daily
demand conditions. With the tanks in place, residual pressures of 25.2 psi and
23.7 psi respectively can be attained. Normal operating pressure at this
elevation was predicted to be 35.8 psi.
For the purpose of analysis, eight inch lines were proposed for the develop-
ment. At the proposed entrance on Florence Road, the existing water main in the
street is 8" and there is also an 8" line on Dunphy Drive.
Based upon the plan submitted to this office prepared by Berkshire Design
Gr. oup , the Lower road proposed between Dunphy Drive and Florence Road meets or
>xceeds atl water pressure requirements. The cul-de-sac shown on the plans as
extended to the 330 foot level. The fire flow for the above conditions was drawn
off at the intersection of the cul-de-sac and the lower road. The 330 foot
elevation is approximately 580 feet away which falls within the 600 foot limit as
established by.the Insurance Services Organization. When the fire flow is drawn
at the 330 foot level, a residual pressure of 18.2 psi is attained at that point.
i
We also analyzed the effect of connecting the water lines in this develop-
ment to the water lines in the Woodbrook development. This would involve the
installation of approximately 1,600 feet of 8" water main to Winterberry Lane.
- Analysis showed that this loop increased the residual pressure under fire flow
conditions by only 0.25 psi. We assumed that Woodbrook is connected only to the
eight inch line on Route 66.
We analyzed the proposed development in terms of water pressure and fire
protection only. As a result of this analysis, we have concluded that the
proposed cul-de-sac can be extended to the 330 foot elevation only. We did not
investigate road layout, drainage, sanitary sewers or conformance to City of
Northampton zoning ordinances.
Please do not hesitate to contact us if you have any questions or need
P—additional information.
MJMcG/et
Dcc: Northampton DPW
Very truly yours,
ALMER HUNTLEY, JR. 6 ASSOCIATES, INC.
Michael J. McGrath
Project Engineer
ALMER HUNTLEY, JR., & ASSOCIATES, INC.
SURVEYORS - F.NGINFFRS - LANUSCAPF. \R(]111TF.CTS
Massachusetts Electric
Mr. Wayne Feiden
Environmental Planner
City of Northampton
Office of Planning and Development
City Hall - 210 Main Street
Northampton, Massachusetts 01060
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Massachusetts Electric Company
548 Haydenville Road
P.O. Box 305 Florence
Northampton, Massachusetts 01060-0305
November 20, 1990
Re: Maple Ridge Subdivision - Final Construction Approval Review
Dear Mr. Feiden:
In response to your letter to Mr. Webster, dated October 29,
1990, we have surveyed the electrical underground system, and are
satisfied as to its installation.
Thank you for your consideration in this matter.
Very truly yours,
MASSACHUSETTS ELECTRIC COMPANY
Donald E. Backstrom
Senior Field Engineer
DEB/a
A New England Electric System company