Loading...
38A-050 Hospital Hill Development- 2009 Amendment letterr ~ ;\ ~ DOHERTl ; WALLACE, PILLSBURY AND MURPHY, P.C. PAUL S. DOHERTY ATTORNEYS AT LAW PHILIP J. CALLA N, JR SHANNON GARY P ONE MONARCH PLACE, SUITE 1900 . SPRINGFIELD, MASSACHUSETTS 01144-1900 ROBERT L. LEONARD A. CRAIG BROWN L. JEFFREY MEEHAN TELEPHONE (413) 733-3111 JOHN J. MCCARTHY FAX (413) 734.3910 DAVID J. MARTEL$ BARRY M. RYAN - DEBORAH A. BASILEt PAUL M. MALECK 60 STATE STREET NORTHAMPTON, MA 01060 CLAIRE L. THOMPSON W. GARTH JANES" TELEPHONE (413) 584-1500 GREGORY A. SCHMIDT FAX (413) 584-1670 MICHAEL K.CALLAN` MICHAEL D. SWEET` THOMAS M. GROWHOSKI BRENDA S. DOHERTY www.dwpm.com MICHELE A. ROOKE email: brown@dwpm.com KAREN K. CHADWELL`t GREGORY M. SCHMIDT REBECCA L. BOUCHARD' MICHAEL S. SCHNEIDER` JESSE BELCHER-TIMME Febntary 9, 2009 By Hand Carolyn Misch, AICP, Senior Land Use Plamler & Permits Manager Office of Plaimzing & Development 210 Main Street, Rooin 11, City Hall Northampton, MA 01060 RE: Hospital Hill Development, LLC Dear Carolyn: MATTHEW J. RYAN, JR. OF COUNSEL ROSEMARY CROW LEY"` COUNSEL DUDLEY B. WALLACE (1900-1987) LOUIS W. DOHERTY (1898-1990) FREDERICK S. PILLSBURY (1919.1996) ROBERT E. MURPHY (1919-2003) SAMUEL A. MARSELLA (1931-2004) ~ REGISTERED PATENT ATTORNEY ' ALSO ADMITTED IN CONNECTICUT $ ALSO ADMITTED IN NEW YORK ALSO ADMITTED IN DISTRICT OF COLUMBIA "' ALSO ADMITTED IN SOUTH CAROLINA I have enclosed 13 copies of the narrative portion and exhibits to the application of Hospital Hill Development LLC for Amendment of Subdivision Approval with Conditions and Special Permit that was delivered to you on January 27, 2009. The enclosed narrative and exhibits replace in their entirety the narrative and exhibits that were originally attached to the application. It is my understanding that this application will be placed on the Agenda for the meeting of the Pla>uiing Board scheduled for February 26, 2009. If you have any questions, just let me l~low. Thai~lc you for your continued cooperation tluoughout this process, it is greatly appreciated. Sincerely, ~~~. A. Craig Brown ACB/llan Enclosures cc: Haruiah Kilson, Esq. Elizabeth Murphy 412059.1 \ \~ ~`/ ~~_~ DOI-IERTY, WALLACE,-PILLSBURY AND MURPHY, P.C. PAUL S. DOIIERTY ATTORNEYS AT LAW PHILIP J. CALLAN, JR GARY P. SHANNON ONE MONARCH PLACE, SUITE 1900 RODERT L. LEONARD SPRINGFIELD', MASSACHUSETTS 01144-1900 A. CRAIG DROWN TELEPHONE (413) 733-3111 L. JC-Ff-REY MEEI-fAN FAX (413) 734-391D JOIiN J. MDCARTIIY DAVID J. MARTEL~ DARRY M. RYAN BASILEr DEBORAH A 60 STATE STREET , NORTHAMPTON, MA 01060 PAUL M. MALCCK CLAIRE L. THOMPSON TELEPf-IONE (413) 584-1b00 W. GARTH JANES" FAX (413) 584.1670 GREGORY A. SCHMIDT MICHAEL I<. CALLAN` MICHAEL D. SWEEP' THOMAS M. GROWHOSI<I www.dwpm.com E-MAIL; brown@dwpm.com DRENDA S. DOHERTY MICHELE A. R001<E KAREN K. CHADWELL`~ GREGORY M. SCIiMIDT REDECCA L. BOUCI-IARD` MICHAEL S, SCHNEIDER' ' JESSE BELCFIER•TIMME rebnxary 9, 2009 By Hand Department of Public Worlcs 125 I:ocust Street Northampton, MA 01060 RE: Hospital Hill Development LLC Ladies and Gentlemen: MATTHEW J. RYAN, JR. OF COUNSEL ROSEMARYCROWLEY"' COUNSEL DUDLEY B. WALLACE (1900-1987) LOUIS W. DOHERTY (1898-1990) FREDERICK 5. PILLSBURY (1919-1996) ROBERT E. MURPHY (1918-2003) SAMUEL A. MARSELLA (1931-2004) ~ REGISTERED PATENT ATTORNEY ' ALSO ADMITTED IN CONNECTICUT $ ALSO ADMITTED IN NEW YORK ALSO AOMRTED IN DISTRICT OF COLUMBIA "' ALSO AOMfrTEO IN SOUTH CAROLINA I have enclosed 2 copies of the narrative portion and exhibits to the application of Hospital Hill Development LLC for amendment of Subdivision Approval with Conditions and Special Permit that was delivered to you on January 27, 2009. The enclosed nailative and exhibits replace in their entirety the nai7ative and exhibits that were originally attached to the application, If you have any questions, just Iet nle lozow, Thalllc you for your cooperation. Sincerely, . ~^U A. Craig Browll ACB/lln E11C105L1PCS cc; 'Carolyn Misch Haruiah Kilson, Esq. Elizabeth Murphy 412060.1 ~l ~ ~ ? ~\ 1 r; DOHERT WALLACE, PILLSBURY AND MUR PHY, P.C. PAUL S. DOHERTY ATTORNEYS AT LAW PHILIP J. CALLAN, JR MATTHEW J. RYAN, JR. SHANNON GARY P ONE MONARCH PLACE, SUITE 1900 OF COUNSEL . ROBERT L. LEONARD SPRINGFIELD, MASSACHUSETTS 01144-1900 ROSEMARY CROW LEY"' A. CRAIG BROWN TELEPHONE (413) 733-3111 COUNSEL L. JEFFREY MEEHAN FAX (413) 734-3910 DUDLEY B. WALLACE JOHN J. MCCARTHY (1900-1987) DAVID J. MARTEL$ LOUIS W. DOHERTY BARRY M. RYAN 60 STATE STREET (1898-1990) DEBORAH A. BASILEt FREDERICK S. PILLSBURY NORTHAMPTON, MA 01060 (1919-1996) PAUL M. MALECK THOMPSON CLAIRE L TELEPHONE (413) 584-1500 ROBERT E. MURPHY , W, GARTH JANES" FAX (413) 584-1670 (1919-2003) SAMUEL A. MARSELLA GREGORY A. SCHMIDT (1931-2004) MICHAEL K. CALLAN' MICHAEL D. SWEET' ~ REGISTERED PATENT ATTORNEY THOMAS M. GROW HOSKI WWW.d Wp m.COm ALSO ADMITTED IN CONNECTICUT $ ALSO ADMITTED IN NEW YORK BRENDA S. DOHERTY E-MAIL: brown@dwpm.com ALSO ADMITTED IN DISTRICT OF COLUMBIA MICHELE A. ROOKE "' ALSO ADMITTED IN SOUTH CAROLINA KAREN K. CHADWELL't GREGORY M. SCHMIDT REBECCA L. BOUCHARD' MICHAEL S. SCHNEIDER' JESSE BELCH ER-TIMME Feb>uary 9, 2009 By Hand Clerlc Town of Northampton 210 Main Street, City Hall Northampton, MA 01060 RE: Hospital Hill Development LLC Ladies and Gentlemen: I have enclosed 1 original of the narrative portion aiid exhibits to the application of Hospital Hill Development LLC for amendment of Subdivision Approval with Conditions and Special Permit that was delivered to you on January 27, 2009. The enclosed narrative and exhibits replace in their entirety the narrative and exhibits that were originally attached to the application. If you have any questions, just let me laiow. Thai~lc you for your cooperation. Sincerely, ~~ A. Craig Brown ACB/lm Enclosures cc: Carolyn Misch Hamzah Kilson, Esq. Elizabeth M>.uThy 412061.1 (~~ ~~ HOSPITAL HILL DEVELOPMENT LLC JOINT APPLICATION FOR AMENDMENT OF SUBDIVIS WITH CONDITIONS AND SPECIAL L.J ~ ~ ~ 0 V F F g 9 2008 N A PROVAL CITY CLERKS OFFICE NORTHAMPTON, MA 01060 ' This Joint Application to amend stn existing Subdivision Approval With Conditions and an existing Special Permit is submitted by Hospital Hill Development LLC ("Hospital Hill") to the Pl~un~ing Board for the City of Northampton, Hampshire County, Massachusetts (the "P1arnling Board") with respect to the Notice of Definitive Subdivision Approval with Conditions approved by the Plam~ing Board on January 22, 2004 and issued by the Plannling Board to the City Clerlc for the City of Northampton on January 30, 2004, as amended by a Subdivision Annendment Approval dated December 12, 2005, recorded in the Harnpsllire County Registry of Deeds at Book 8688, Page 26 and as further amended (collectively, including all amendments, the "Subdivision Approval") and the Special Permit issued by the Plaauling Board with respect to the Village at Hospital Hill Project pursuant to a Plamiing Board Decision dated September 26, 2002, recorded in the Hampshire County Registry of Deeds at Bool{ 6835, Page 81, as amended (collectively, including all amendments, the "Special Permit"). The subdivision plans that are the subject of the Subdivision Amendnnent Approval are recorded in the Hampshire Registry of Deeds at Plan Boolc 210, Page 31. Tliis Application is being submitted for the purpose of conforming the Subdivision Approval and the Special Permit with the cunzent redevelopment plans for the property that is the subject of the Subdivision Approval and the Special Permit. More than six (6) years have passed since the issuance of the Special Permit, and more than five (5) years have passed since the Subdivision Approval. The redevelopment project being carried out by Hospital Hill has evolved over that period of trine, and this Application is a direct result of that evolution. Specifically, Hospital Hill has entered into a Purchase and Sale Agreement dated July 31, 2008 with Kollmorgen Corporation ("Kollmorgen") pursuant to which Hospital Hill has agreed to sell to Kollmorgen and Kollmorgen has agreed to purchase from Hospital Hill a parcel of land containing approximately 13.6 acres on the South Campus of the Village IIill Northampton Project. A copy of the conceptual plan that shows Lot 2, which is the parcel of land proposed to be conveyed to Kollmorgen, is included with this Application as Exhibit A and made part hereof (the "Conceptual Plan"). This important and significant development will insure that Kollmorgen maintains its principal engineering and manufacttuing facility in the City of Northampton. The size of the parcel of land required by Kollmorgen, however, requires that Hospital Hill modify significantly its redevelopment plans for the South Campus. The specific requests of Hospital Hill for amendments in relation to the Subdivision Approval and the Special Permit are as follows: (A) Request for Annendment of Subdivision Approval. Hospital Hill requests that the Subdivision Approval be annended to eliminate South Campus Road and all ~ ~1 references to the construction of South Campus Road. Hospital Hill fiu-ther requests that the Subdivision Approval Ue amended to eliminate all references to Lots 1 through 11, inclusive, located adjacent to South Campus Road as more particularly described in the Subdivision Approval. Hospital Hill proposes to proceed with the redevelopment of the South Campus tlv-ough the submission to the Planning Board of plans that will not require P1aimling Board approval tinder the Subdivision Control Law but do require the endorsement of the Planning Board that Approval is Not Required tinder the Subdivision Control Law. The proposed sale of approximately 13.6 of the remaining acres of land comprising t17e South Campus to I~olhnorgen eliminates any necessity for the South Campus Road. The creation of South Campus Road was the reason for the previous acquisition of the Subdivision Approval with respect to the South Campus. Hospital Hill submits that any remaining conditions relating to the overall redevelopment of the South Campus that should remain in effect notwithstanding the change in the nattue of the redevelopment of the South Campus to include the Kolltnorgen project can be incorporated in the Special Permit. Pursuant to this Application, Hospital Hill seelcs to amend the Subdivision Approval with respect to the South Campus as follows: 1. Termination of Requirement for Performance Guarantee. Condition 1 of the Subdivision Approval requires the provision by Hospital Hill of a performance guarantee that conforms to the Northampton Subdivision Rules and Regulations in cotmlection with the subdivision of the South Campus. Since the South Campus will no longer be the subject of a proposed subdivision, Hospital Hill is requesting that the Subdivision Approval be amended to eliminate any requirement for the provision of a performance guarantee with respect to the South Campus and that in cotmlection therewith the entire Sotrth Catnptts be released fiotn the existing Covenant that constitutes the performance guarantee with respect to the South Campus tluough the execution by the Planning Board of a Partial Release of Covenant. The existing Covenant is recorded in the Hampslure County Registry of Deeds at Boolc 8024, Page 246. A copy of the proposed form of Partial Release of Covenant is attached hereto as Exhibit B and made a part hereof. 2. Elimination of Initial Subdivision Approval Conditions. The conditions in the Subdivision Approval dated January 22, 2004 that relate to the South Campus that Hospital Hill is requesting be eliminated tluough this Application with respect to the South Campus and Sottth Campus Road and those Subdivision Approval conditions that Hospital Hill is requesting be incorporated as Special Permit conditions are as follows: Condition 2: A $12,000 escrow account shall Ue established, in the Owners' Association ("OA") mine and taxpayer identificatiotl(appearing first) with a signature line for the City, prior to the first lot sale as an assurance that the OA will perform required capital improvements and/or maintenance. Funds withdrawn by the OA require a signature by Plainlitlg Board agent after approval by the Board. Ftuzds withda-aw~1 for such improvements shall be replaced by the OA tluough assessments as to be spelled out in the OA covenants, within tluee (3) months so that the $12,000 base is permanently maintained. The City may draw oil this account, without signature of the OA, if it 2 ~~ n determines that required capital improvements, maintenance, or inspections are not being performed The Permanent Covenants must clearly state that the City will have a right to place a lien on any or all properties within, the subdivision or shall provide some other equivalent, in the opinion, of the Plarnling Board, level of protection for the city, in order to recover the cost of maintenance for stonnwater facilities. Request. Hospital Hill requests that this condition be eliminated with respect to South Campus Road and incorporated as a Special Permit condition. Condition 6. Prior to the final release of the performance guarantee, 100% design of the best solution to accommodate four pedestrian crosswalks at the Prince Street/Village Hill Road/South Campus Road intersection shall be submitted to the Office of Plarniing & Development and the Northampton Department of Public Worlcs. The analysis of appropriate solutions shall include a full assessment of a round-about option. Request. Hospital Hill requests that this condition be eliminated with respect to South Campus Road, with the requirement for the creation of four pedestrian crosswallcs at the Prince Street/Village Hill Road intersection incorporated as a Special Permit Condition. Since the performance guarantee is being eliminated with respect to the South Campus, Hospital Hill fiuther requests that this condition be modified to provide that this condition must be satisfied prior to the issuance of a certificate of occupancy for either Lot 1 or Lot 2, as shown on the Conceptual Plan. Condition 7. If a traffic signal is wan anted at the intersection of Prince Street/Village Hill Road/South Caanpus Road, the signal mast have a pedestrian phase. Re nest. Hospital Hill requests that this condition be eliminated in its entirety and incorporated as a condition in the Special Permit, with the reference to Sottth Campus Road changed to refer to the entrance to the South Campus. Condition 8. All inter7al crosswallcs shall be raised crosswallcs, part of a raised intersection, or taste cobblestone. Revised plans shall show complete design, details and necessary drainage. Re nest. Hospital Hill requests that this condition be eliminated from the Subdivision Approval and incorporated as a Special Permit condition. Condition 9. The cross-country multi-use trail from Earle Street to the road in the southern campus shall be constztiicted prior to issuance of the first certificate of occupancy within the subdivision. Revised Multi-Use Trail exhibit with the corrected scale must be submitted. The plans should contain a statement that the trail will be built to AASHTO or some other standard/ADA specification. Request. Hospital Hill requests that this condition be eliminated from the Subdivision Approval. It is already included as a Special Permit condition. ~~ ~~ Condition 10. Prior to the release of the performance gtiaralztee, an easement shall be accepted and recorded for the multi-use trail that allows the public to pass alid repass along its entire length. Alternatively, may convey a fee simple transfer to the City. Request. Pospital IIill requests that this condition be eliminated in its entirety and incorporated as a Special Permit condition. Condition 13. The street in the southerly campus shall be named South Campus Road. The street in the northerly campus (phase I) shall be named Village Hill Road. Re nest. Hospital Hill requests that this Condition Ue eliminated in its entirety as to South Campus Road. Condition 14. A license fiom the Northampton Recreation Coirunission is required for the necessary regrading shov~nl on the plans of their Prince Street property prior to constriction of the road on the south campus. A copy of airy request for a license shall be provided to DPW and OPD concurrent with a submittal of the request to Recreation. Re uest. Hospital Hill requests that this condition be eliminated in its entirety as to South Campus Road. Condition 25. All detention ponds shall be constructed prior to road construction and shall act as erosion control devices dtuing construction to prevent sediment fiom entering wetlands or the river. The plans must be revised to show management of stornwater and erosion control during consti-ttction prior to begriming of constriction alid must include dewatering and spill prevention plans identifying any and all potential catch basins that may receive stornwater and/or contamination. Request. Hospital Hill requests that this condition be eliminated as to the South Caanpus a11d incorporated as a Special Permit condition. Condition 26. The Owner's Association (OA) Covenants shall not prohibit irrigation systems that draw fiom the stornwater system and the detention ponds on OA or common land. Request. Hospital Hill requests that this condition be eliminated as to the South Campus and incorporated as a Special Permit condition. Condition 27. The P1amling Board and DPW will review stornwater flows on each lot as applications for site plan approval are reviewed. Request. Hospital Hill requests that this condition be eliminated as to the South Campus and incorporated as a Special Permit condition. Condition 28. Because catch basins are not being provided at Prince and South Campus Road, prior to acceptal7ce of any street or removal of performance guarantees, drainage 4 ~~ problems at this intersection, if any, must Ue corrected by the developer by correction to the Route 66 drainage system in a marnler approved by DPW. R~ec uest. Hospital Hill requests that this condition be eliminated as to the South Campus and incorporated as a Special Permit condition. Iospital Hill fiuther requests that this condition be modified by substituting the entrance to Lot 2 as shown on the Conceptual Plan for all references to South Campus Road. Condition 34. The developer may not release covenants-not-to-sell or any other performance guarantee until: a. The developer shows evidence, satisfactory to the Northampton DPW, that the existing cross-country water line from Grove Street is adequate for DPW to accept the line, at DPW's discretion; or b. The developer shows t11at they have adequate fire flow and pressure without the line; or c. The developer receives an amended subdivision approval of an altenzative method to provide adequate fire flow and pressure without this line. Re tq test. Hospital Hill submits that this Condition will be deemed satisfied because the Grove Street water line will not be utilized in coruzection with the redevelopment of the South Campus and will be terminated at the southerly boundary of the proposed Kollmorgen parcel on the South Campus shown as Lot 2 on the Conceptual Plan. Hospital Hill therefore requests that this condition be incorporated as a Special Permit condition. Condition 55. Because the site plan approval portion of the special permit for the Plamzed Village was deferred, all residential and corrunercial constnlction projects require site plan approval regardless of size or type. An applicant may apply for one overall site plan or may file in phases. Request. Hospital Hill requests that this condition be eliminated and incorporated as a Special Permit condition. General. In general, Hospital Hill requests that as a result of t11e elimination of South Campus Road that all Subdivision Approval Conditions be deemed amended to eliminate any implied reference to South Campus Road. 3. Elimination of Subsequent Subdivision Approval Conditions. The Subdivision Amendment Approval dated December 12, 2005 was issued by the Planning Board in comiection with the subdivision of the South Campus and the proposed creation of South Campus Road. Hospital Hill requests that all of the conditions set forth in the Subdivision Amendment Approval dated December 12, 2005. Hospital Hill proposes that any additional conditions that may be required in corulection with the redevelopment of the South Campus be unposed by the P1am1irlg Board in connection with and as part of the Site Plan approval process with respect to the redevelopment of lots created in the (~ ~' South Campus, inchidillg without limitation the lot proposed to be conveyed to Kollmorgen. 4. Amendment of Tier One Compliance with Site Plan Criteria. Pursuant to the Platmling Board Decision dated rebruary 1, 2005, the Platmling Board granted approval of Tier One of Two for colnpliarlce orthe proposed Lots 1 tluough 11, inclusive, consisting of commercial/retail lots on the South Campus, with site plan criteria. Since South Campus Road has been eliminated, Hospital Hill requests that t11is Approval be amended to eliminate all references to Lots 1 t1~-ough 11, inclusive, that will no longer be created as a result of the elimination of South Campus Road. The Tier I compliance with site plan criteria shall otherwise remain in effect with respect to the Lots on Earle Street that are the subject of such Tier I compliance with site plan criteria (B) Request for Amendment of Special Permit. 1. Substitution of South Campus Redevelopment Plan. Hospital Hill requests that the Special Permit be amended to provide for the redevelopment of the South Campus tluough the elimination of South Campus Road and the subdivision of the South Campus property in a malmzer that does not constitute a subdivision that is regulated by the Subdivision Control Law. Instead, Hospital Hill proposes that the South Campus shall be redeveloped primaa-ily tluough a creation of the individual parcels of land shown on the Conceptual Plan tluough the submission to the Platmling Board of one or more plans that do not require Platmling Board approval under the Subdivision Control Law but do require the endorsement of the Platmling Board that approval is not required tuzder the Subdivision Control Law in a malmier consistent with t11e Conceptual Plan (the "ANR Plan"):. The redevelopment of the South Campus in a manner consistent with the Conceptual Plan shall require that each project proposed to be carried out on the South Campus shall be the subject of separate application for site plan approval. Hospital Hill requests that the Special Permit be amended to reflect the redevelopment of the South Campus in a malmzer consistent with the Conceptual Platt. 111 cormlection with tlus request, Hospital Hill agrees that the ANR Plan shall be substantially the same in all material respects with the Conceptual Plan, and all references in this Application to Lots 1 and 2 as shown on the Conceptual Plan shall mean and include Lots 1 and 2 as shown on the ANR Plan that is approved by the Platming Board. Included with this Application and made a part hereof as Exhibit C is a plan that shows the proposed redevelopment of the North Campus up to the Haskell Building driveway (the "Nol-th Campus Plan"). The North Campus Plan is being included with this Application for the purpose of showing the relationships among the entrance to the North Campus, the entrance to the South Campus and Prince Street. 2. Incorporation of Subdivision Approval Conditions. Hospital Hill requests that the Subdivision Approval Conditions 2, 6, 7, 8, 10, 25, 26, 27, 28, 34 and 55 set forth in Paragraph A above be incorporated by reference in the Special Permit with respect to the redevelopment of the South Campus. 6 3. Design of Kollinor en Project. Condition 2 of Attaclnnent B to the Special Permit provides as follows: Existing Condition 2 of Attaclnnent B. " 2. The design of proposed Kollmorgen building, as shown on the submittal, meets the Special Permit standards considering this is an industrial area, provided that the facade of the Uuildiizg facing Ridge Street, as named in the Master Plan, is below grade or no snore than tluee (3) feet above grade gild the other facades have two (2) tiers of windows, giving the appearance of a two story building. The Plamling Board shall approve the specific design of the building duriizg its site plan review of the project." The Special Permit clearly provides in Condition 2 of Attaclnnent B that the Design Guidelines that are part of the Special Permit shall not be applicable to the industrial project previously proposed to be carried out by Kollmorgen at a different site. Hospital Hill therefore proposes that the Special Permit be amended by replacing existing Condition 2 of Attaclnnent B with the following: Proposed Condition 2 of Attaclnnent B. " 2. The design of the proposed Kollmorgen Building shall meet the Special Permit standards applicable to an industrial area, provided that the design of the Kollmorgen Building and related site improvements shall be consistent with the Design Criteria dated Febniary 6, 2009 which are attached hereto aild made a part hereof. The Plamling Board shall approve the specific design of the building during its site plan review of the Kollmorgen Project." The proposed Design Criteria are attached hereto as Exhibit D and made a part hereof. 4. Elimination of Condition 3 of Attaclnnent B. Condition 3 of Attaclnnent B to the Special Permit provides as follows: Existing Condition 3 of Attaclnnent B. " 3. Cross easements shall be provided for those parlcing spaces at the Kollmorgen Property that are in excess of Kollmorgen's iintnediate needs to allow parking by tenants from otter parts of the Village at Hospital Hill, with the provision that if Kolhmorgen's need for parlcing increases they can correspondingly increase the nlunber of spaces reserved solely for Heir use. Final easement doctunents and exact language shall be approved by the Plamling Boaa-d as part of the site plan approval of the Project." 7 Hospital Hill submits that the change in the proposed location of the Ko111norgen proj ect eliminates as a practical matter the necessity or efficacy of the cross easements for parking described in Condition 3 of Attaclnnent B to the Special Permit. Accordingly, Hospital Hill requests that Condition 3 of Attaclnnent B to the Special Permit be eliminated in its entirety. 5. Bilce Pat11/Multi-use Trail. 111 its application to the Plalmling Board dated Tune 24, 2008, Hospital Hill identified for the Plaiuling Board a requirement that the existing Subdivision Approval Condition 9 relating to the cross country multi-use trial fiom Earl Street to the road in the South Campus and the existing Collditio116 of Attaclnnent B to the Special Permit relating to the constltiiction of the bike path/multi-use trail be modified in relatioli to the timing required for the completion of the co11st1tiiction of the bike patl~/multi-use trail. Specifically, Hospital Hill requested that these conditions be modified to provide for the construction of the bike patl~/multi-use trail by the end of the construction season following the construction season when all of the wo1;k being performed by MassHighway pursuant to the Agreement between MassHighway and the City of Northampton dated November 14, 2007 was completed. Hospital Hill also indicated at that time that because of the elimination of South Campus Road tluough the proposed sale to Kolhnorgen and the construction and operation of the Ko111norgen proj ect, the location of the bike patl~/inulti-use trail would likely be affected. Hospital Hill requests that the Special Permit be amended to provide that the location of the bike patl~/multi-use trail shall be finalized in colniection with I~olhnorgen's application for site plan approval. Hospital Hill further requests, however, that the Special Permit be amended to provide that the bike patl~/multi-use trail shall be located, in part, along the property line of the Kollmorgelz parcel shown as Lot 2 on the Conceptual Plan. Hospital Hill shall reserve an easement ten (10) feet in width along the property line of Lot 2 as shown on the Conceptual Plan for the purpose of locating the bike path/multi-use trail. ~~ Schedule o!'ExhiUits ExhiUit A - Conceptual Plan ExhiUit B - Foi~.n of Partial Release ExhiUit C - North Campus Plar1 ExhiUit D - Design Criteria i ) 9 i~ ~~ EXI-IIBIT B PARTIAL RELEASE OF COVENANT WIIEREAS, in accordance with Mass. General Laws, Chapter 41, Section 81LT, as amended, HOSPITAL IIILL DEVELOPMENT LLC of 160 Federal Street, Boston, Massachusetts 02110 ("Covenantor"), in accord with the Decision of the Northampton Planning Board approving the Definitive Plan of a subdivision, lalowrl as The Village at Ilospital Hill, Phase One Definitive Subdivision, Northampton, Massachusetts (Hampshire County) (the "Definitive Subdivision Plan Approval") recorded in the Hampshire Registry of deeds in Plan Boolc 202, Page 75, recorded a covenant performance guarantee for the construction of ways and the installation of municipal services approved under the Definitive Subdivision Plan Approval recorded in the Iampshire County Registry of Deeds at Boolc 8024, Page 246 (the "Covenant"). WHEREAS, the Covenant burdens lots 1 through 20 as shown on the plan entitled THE VILLAGE AT FOSPITAL HILL, PHASE ONE DEFINITIVE SUBDIVISION, NORTHAMPTON, MASSACHUSETTS dated November 20, 2004, Revised: January 22, 2004, Revised: February 23, 2004 (Sheets 1-35), Revised Apri130, 2004 (Sheet 36), and prepared by Beals and Thomas, Inc., 144 Tunlpilce Road, Southborough, MA 01772 recorded with Hampshire County Registry of Deeds in Plan Boolc 202, Page 75 (the "Plan"). Lots 1-11 are shown on the Plan and are subject to the Covenant. WHEREAS, on[INSERT], the Northampton Planning Board issued a decision of Subdivision Amendment Approval amending the Plans to eliminate Lots 1-11 from the subdivision as a result of the elimination of South Campus Road and granting the request for partial release of the Covenant with respect to Lots 1-11 based upon the exclusion of Lots 1-11 from the subdivision that is the subject of the Plans acid the Definitive Subdivision Approval. NOW THEREFORE, PLANNING BOARD OF TIIE CITY OF NORTHAMPTON, MASSACHUSETTS, for consideration paid, hereby releases Lots 1-11 from the Covenant. Executed as a sealed instrurnenl; on this day of February, 2009. PLANNING BOARD OF THE CITY OF NORTHAMPTON, MASSACHUSETTS By_ Its 4] 1768.1 ^ ~ ~ ~ ~ DOHE RTYWALLACE, PILLSBURY AND MURPHY, P.C. PAUL S. DOIIERTY ATTORNEYS AT LAW PHILIP J. CALLA N, JR MATTHEW J. RYAN, JR. SHANNON GARY P ONE MONARCH PLACE, SUITE 1900 OF COUNSEL . ROBERT L. LEONARD SPRINGFIELD, MASSACHUSETTS 01144-1900 ROSEMARY CROWLEY"' A. CRAIG BROWN COUNSEL L. JEFFREY MEEHAN TELEPHONE (413) 733-3111 - DUDLEY B. WALLACE JOHN J. MCCARTHY FAX (413 734-3910 (1900-1987 ) DAVID J. MARTEL$ LOUIS W. DOHERTY BARRY M. RYAN (1898-1990) DEBORAH A. BASILEr FREDERICK S. PILLSBURY PAUL M. MALECK 60 STATE STREET (1919-1996) CLAIRE L. THOMPSON NORTHAMPTON, MA 01060 ROBERT E. MURPHY W. GARTH JANES'* TELEPHONE (413) 584-1500 (1919-2003) SAMUEL A. MARSELLA GREGORY A. SCHMIDT FAX (413) 584-1670 (1931-2004) MICHAEL K. CALLAN* MICHAEL D. SWEET' ~ REGISTERED PATENT ATTORNEY THOMAS M. GROWHOSKI ALSO ADMITTED IN CONNECTICUT # BRENDA S. DOHERTY www.dwp m.com ALSO ADMITTED INDSTRICT OF COLUMBIA MICHELE A. ROOKE email: brown@dwpm.com ••• ALSO ADMITTED IN SOUTH CAROLINA KAREN K. CHADWELL*T GREGORY M. SCHMIDT REBECCA L. BOUCHARD' MICHAEL S. SCHNEIDER* JESSE BELCHER-TIMME January 26, 2009 By Hand Carolyn Misch, AICP, Senior Land Use Planner & Permits Manager Office orPlamling & Development 210 Main Street, Room 11, City Hall Northampton, MA 01060 RE: Hospital Hill Development, LLC Dear Carolyn: I have enclosed the following: 1. Joint Application for Amendment of Subdivision Approval with Conditions and Special Pernit (original and 13 copies), including list of abutters (Parce138A-50, 38A-58, 38A- 87 and 31C-17) and copy of combined label list. 2. Two sets ofrubber-banded stamped envelopes addressed to each of the abutters within 300' and P1amling Boards in adjacent towns. Two stamped envelopes addressed to the Owner. 4. Check for $1,000 in payment of the filing fee. Check for $35.00 payable to the Daily Hainpslure Gazette. ' I would appreciate it if you would confine for 1ne that we have fiunished to you everything required in order to place this Joint Application on the agenda. for the Plaiming Board meeting scheduled for February 26, 2009. Please note that two (2) copies of this Application have been delivered to the Department of Public Worlcs. 410746.1 ~~ DOHERTY, WALLACE, PILLSBURY ANu MURPHY, P.C. Carol~nl Misch, AICP, Se>uorLa>ld Use Plaiuler & Permits Manager Office oI'P1aiuling & Development January 26, 2008 Page 2 We have posted the legal notice and await confirnation of the hearing date fiom you to complete the posted notice. Thank you for your cooperation, it is greatly appreciated. Sincerely, ~'v A. Craig Brown ACB/llan Enclosures cc: Haiulah Kilson, Esq. ElizaUeth Murphy 410746.1 Fela 25 2009 14:43 ~ __ is ~ Edward S. Huntley, P.E Director City of Northampton DPW [4131 587-1576 ~~~ CITY OF NQRTHAMPTQN, MASSACHl1SETT5 DEPARTAAENT_OF PUBLIC WORKS i25 Locust Street tdortharnpton, MA .01060 413-587-1570 Fax 413-587-1576 Memaran~lum P-2 To: Carolyn Misch, Office of Planning and Development From: Edward 5. Huntley, P.E. Director James R. J~aurila, P.E. City Eng~/in`e"er Date: February 26, 2008 Re: The Village at Hospital Hill -Subdivision Approval Amendment with Conditions (Kollmorgen-South Campus); Special Permit Amendments (South Campus Substitution, Kollmorgen, Bike Path/Multi-use Trail) ' In general, DPW questions why the entire Subdivision Approval for the South Campus is not being rescinded with the subsequent requirement that a Special Permit be required for the development of each A1VR lot. We offer the following comments relative to subheading A. Request for Amendment of Subdivision Approval. Each requested item is sunvnarized, and the Department of Public Works comment is provided below each request. 1. Request far Termination of Requirement for Performance Guarantee: Since the South Campus will no longer be the.subject of a proposed subdivision Hospital Hill is requesting that the Subdivision Approval be amended to eliminate any requirement for the provision of a performance guarantee with respect to the South Campus. A performance guarantee will be necessary for the proposed storm water management system(s). 2. Request for Elimination of Original Subdivision Approval Conditions: Hospital Hill is requesting that the"following Initial Subdivision Approval Conditions, dated January 24, 2002, be either eliminated or incorporated as Special Permit conditions. Request that Condition 2 be eliminated with respect to the South Campus Road and incorporated as a Special Permit condition. Condition 2 requires the establishment of a $12,000 escrow account by an Owner's Association (OA) prior to first tat sale to assure the performance of capital improvements and/or maintenance, particularly with respect to storm water facilities. Permanent Covenants shall provide an adequate level of protection to the City to recover the costs of maintenance in the event ofnon-performance of the required improvements and/or maintenance. DPW concurs that each Special Permit must incorporate similar conditions.. Pg.i/6, MioPD Project ReviewlCurrenl project reviews~VH Subdiv_SF Amendments 26 Feb 09.doc Feb 25 2009 14:43 City of Northampton DPW. (413] 587-1576 p.3 ... ~ ~ ~~ Request that Condition 6~be eliminated with respect to the South Campus Road and incorporated as a Special Permit condition. Condition 6 requires that final design plans for four pedestrian crosswalks (including the assessment of a round-about option) at the intersection of Prince, ~Iillage Hill and South campus Roads be submitted to OPD and DPW prior tofinal release of the performance guarantee. With the elimination of a rformance guarantee, Hospital Hill requests that the condition be modified so that it is satisfied riot to the issuance of a Certificate of Occupancy (CO) for either Lot 1 or Lot 2 as shown on the Conceptual Plan (Exhibit A). DPW fznds the request to be reasonable but is cone rned about the timing of submission of these plans. To allow su~eient time for review, comment and revisions, final design plans should be submitted six-eight weeks prior to an anticipated r uest for CD. It should also be clarified that the trigger is for the first of the two lots to request C.O. Request that Condition_7 be eliminated and incorp rated as a Special Permit condition.~Condition 7 requires that a pedestrian phase must be included if a traffic signal is warranted at the intersection of Prince St., Village Hill Road and th South Campus Entrance (formerly Road). A traffic signal with pedestrian phase has already een proposed in the South Campus Infrastructure Plans dated November 2008 prepar d by Tighe & Bond. Mass Developrnent has already entered into a construction contract with aracas Construction to perform this work Condition 7 can merely be eliminated. Request that Condition 8 be eliminated and incorporated as a Special Permit Condition. Condition 8 requires revised plans showing complete design c~f internal raised crosswalks. DPW has no comment. Request that Condition 9 be eliminated. Condition requires the cross-country multi-use trail from Earle Street to the South Campus Road be co structed prior to issuance of the first C.O. within the subdivision_ This condition has already een inctuded as a Special Permit Condition. It is not clear wharSpecial Permit Condition is b~ the Special Permit and the Condition number. Fu; Planning Board dated June 24, 2008, this conditi issuance of the first certificate of occupancy with; construction season fallowing the construction se IV1assHighway purszaant to the Earle .Street Agree Date ). " Request that Condition 10 be eliminated and incor 10 requires the recording of an easement for public City by fee simple. DPW has no comment. Request that Condition 13 requiring the southerly be eliminated in its entirety. DPW has no comment. tg referred to. The applicant should identify !er-nore, in a request from Haspitall;till to the was already modified from "prior to the the Subdivisiori" to "by the end of the 'on when all of the work Being performed by ~nt...has been completed (the `Completion orated as Special Permit Condition. Condition use of the multi-use trail or transfer to the street to be named South Campus Road Pg2/6, M:~OPD Project ReviawVCurrertit project reviews~VH Subdiv_SP AmerWments 26 F86 08,doc Feb 25 2009 14:43 City of Northampton DPW [4131 587-1576 p.4 ---~ ~`~ -. ~ ~ . ~ -' Request that Condition 14 requiring a license from the Northampton Recreation Commission be obtained for necessary regrading on their Prince Street property prior to construction of the South Campus Road be eliminated in its entirety. Is this for proposed regrading on the monument parcel? Is any regrading still needed on this property with the new master plan? The applicant should be more specijze about the location of this condition and why it can be eliminated. Rice uest that Condition 25 be eliminated and incorporated as Special Permit Condition. Condition 25 requires construction of detention basins prior to road construction. This is not appropriate for a Special Permit Condition. A new storm water management permit will be required for the Kollmorgen project and all other ANR projects on the South Campus or a new storm water management permit will be required that includes all parts of the current plan of development for the South Campus. Request that Condition 26 be eliminated and incorporated as Special Permit Condition. Condition 25 requires that OA covenants not prohibit irrigation systems that draw on the detention pond. DPW has no cvrnment. Request that Condition 27 be elimnated and incorporated as Special Permit Condition. Condition 27 stipulates that the PB and DPW will review storm water flows on eacb lot as applications for site plan approval are reviewed. A ne~v storm water management permit will be required (see above). Request that Condition 28 be eliminated and incorporated as Special Permit Condition and that all references to "South Campus Road" be replaced with "entrance to Lot 2". Condition 28 requires that drainage problems at the intersection of Prince and South Campus Road, if any, must be corrected by the developer by connection to the Route 66 drainage system in a manner approved by DPW. DPW has no comment. Request that Condition 34 be eliminated and incorporated as Special Perrnii Condition. Condition 34 requires that the developer not release any performance guarantees until the developer shows evidence satisfactory to DPW that the existing cross country water line from Grove Street is adequate for DPW acceptance; or demonstrates sufficient fire flow and pressure without the line; or amends subdivision approval with an alternative method to provide adequate fire flow and pressure. This line will not be utilized for the Kollmorgen development, so Hospital Hill subnuts that this condition will be deemed satisfied. The developer is still required to demonstrate adequate fore flow and residual pressure for the development being proposed. Request that Condition 55 be eliminated and incorporated as Special Permit Condition. Condition 55 requires that all residential and commercial construction projects require site plan approval regardless of size or type. DPW Itas no conement, Pg.3/5, M:IOPD Project ReviewlCurrent project reviewslVH Subdiv_SP Amendments 26 Feb 09.doc Feb 25 2009 14:43 City of Northampton DPW [4131 587-1576 p.5 ~~ ~~ _~ 3. Elimination of Subsequent Subdivision Approval Conditions• Hospital Hill requests that all of the conditions set forth in the Subdivision Amendment Approval dated December 12, 2005-for the South Campus and South Campus Road {be eliminated (?)] and any additional conditions that may be required be imposed by the Planning Board as of the Site Plan approval process for Kollmorgen and all other South Campus lots. DPW has no comment. It is assumed that the request is that the conditions "be eliminated", but it is not explicitly stated. 4, Amendment of Tier One Compliance with Site Plan Criteria: Hospital Hill requests that since the South Campus Road will be eliminated, all references to proposed lots 1, through 11 along that road be eliminated and Tier I compliance for these lots no longer applies. Tier I compliance with site plan criteria shall otherwise remain in effect for lots on Earle Street. DPW has rta comment. Does Tierl compliance remain in effect for lots on Grove and Prince Streets? We offer the following comments relative to subheading B. Request forAmeud.ment of Special Permit. Each requested item is summarized, and the Department of Public Works comment is provided below each request. 1. Substitution of South Campos Redevelopment Plan• Hospital Hill requests that the Special Permit be amended such that South Campus is developed solely as Approval Not Required (ANR) Hats that are exempt from Planniag Board approval under the Subdivision Control Law. -Proposed ANR lots (Lots 1 and 2) are sha~vn on the attached "Conceptual Plan". Each project proposed far the South Campus would be the subject of a separate application for Site Plan approval. What is the status ofLots 1, 3, 4, arsd Z21i: under this scenario? 2. Incor ration of Subdivision A royal Conditi ns: Hospital Hill requests that Subdivision approval Conditions 2, 6, 7, 8, 1D, 25, 26,-27, 28, 34 and 55 set forth in Paragraph A above be incorporated by . reference in the Special Permit with respect to the redevelopment of the South Campus. DPW has no comment. The incorporation by reference of these conditions should be with respect to a!l Special Permit applications far the South Campus, not just Kollmorgen. Special Permits may be required for Lots 1, 3, 4 and 128. 3. Desi~?n of Kollmorgen Project: Hospital Hill proposes that Condition 2 of Attachment B to the Special Pernut be replaced with the following: 2. The design of the Kollmorgen Building. shall meet the Special Permit standards applicable to an industrial area, provided that the design of the Kollmorgen Building and related site improvements shall be consistent with the Design Criteria dated February 9, 2009 which are attached hereto and made a part hereof. The Planning Board shall approve the specific design of the building during its site plan review of the Kollmorgen Project," DPW has no comment. 4. Elimination of Condition 3 of Attachment B; Hospital Hill requests that Condition 3 of Attachment l3 be eliminated in its entirety since the change in the proposed location of the Kollmorgen project eliminates as a practical matter the necessity or efficacy of cross easements for parking as described in Condition 3. - Pg,4/b, M:IOPD PfOJect RevieW~,Current project revIBWS~VH Subdiv SP Amendments 26 F9b 09.doc Feb 25 2009 14:.43, City of Northampton DPW [4131 587-1576 p.6 ~~ ~ DPT~' has na comme-tt 5. BikePath/Multi-Use Trtril: Hospital Hill requests that the Special Permit be amended such that the location of the bike path/multi-use trail be finalized in connection with Kollmorgen's application for site plan approva].~Hospital Hill further requests that the bike path/multi-use trail be located in part along the property line of the Kollinorgen parcel (Lot 2) as shown on the Conceptual Plan. Hospital Hill shall reserve an easement of 1Q feet along the Lot 2 property line for the purpose of locating the bike path/multi-use trail. Is the proposed easement wide enough for maintenance and repair? It is not clear what property line(s) of Lot 2 the proposed route of the path/trail follows, Pg.S/5, M:\OPD Project ReyfeYJ~Current project reviews\VH Su6div_SP Amendments 26 Feb 09.dac ~~ ,_ EXHIBIT C - North Campus-Plan- /y o - ~ ~. ~_ .. { ~ ,, l7Z ~~' !`mow \ ,'\~~'' .: ~ -...`_"~ ' . r ~\ ~ ~~'•~ away ~ _ ~~ ~ J ~? ~ v ~ , ~' ~ ~ ~.,~ -_ 1 ~ ,~ ~ .t r ~, __ 1 ~ ~ o p q ` ///~~' l ~ -~ ' ~ ? o~ t: C ~ ~~ ~ ~~ ~~ a ~~ ~ ~~~~ ~~-~ ~ _ \ \ .. ~" l ,\ Ys v` ~ ~ ~' ' ~/ ~ 1 ~ °"~: ~ ~~..---"ter _~ T ~ ~ `\,\ ~~ z=~ G w ~ G O l7 o~;o :~ ~'•~ .~ %' \ ~ \• ~: i ~,-~ .. ~ X ~ air w , i~-~ ` ' i ., t ~ _ i ~y i II ~~ - i ~ I, I !. ~Ij ~ ~~i 'L~~fl f i n, ~r - y ~a iE~ ~ ~. C`+ Q in ~~ 4 G ~.. K=~ S= ~, ~` ~~ ~ l - EXHIBIT D DESIGN CRITERIA. Design Criteria TCollntorgett Elech•o-Optical Corp. . Village Hill Northampton - Sotttlt Campus I'ebntary 6, 2009 Site/Iiuilding Criteria Element Multi-Use An easement for an 8-10 foot multi-use trail from Earle Street to Route Trail 66 shall be granted by ICollmorgen to MassDeveloprnent, Design of the multi-use hail shall be submitted by MassDeveloptnent to the Planning Board for approval, concurrently with the ICollmorgen site lan a ~lication• Sustainable Sustainable design, building materials, and building systems shall be Design used, Low impact development principles will be iicorporated into the site desi n• S ecimen trees shall be preserved to the maximum extent feasible. Building A two-story fagade shall be presented to Route 66. Entrances, Design & wndows and other design feahires shall be included in this fagade to Massing provide texture and itrterest• Massing and materials of northeast coiner should be appropriate to the building, reflect sustainable design principles, anal be selected to create a sense of scale and interest from Route 66 and other proposed office/conunercial uses at Village ~Iill, The main building entry shall be located on the north face or northeast coi7ier of the building and create a design relationship with the main entry drive. `l'he building shall be oriented to maximize the potential for solar gain and day-lighting of worlcs ace. Mechanical systems shall be located on the roof, and major equipment shall be screened from Route 66, Provide windows at office space to differentiate.it from industrial s ace. Site Design The southwest coiner of the Village Hill Road/Route 66/ICollmorgen driveway intersection shall be enhanced by landscaping and/or other features that provide a sense of arrival and compliment the buildings plamned for the other three corners of the Village Hil] Road/Route 66 intersection, A landscaped buffer shall be provided between the building and Route 66, The buffer shall be creatively designed to complement and enhance tl}e appearance of the lot and building, Elements of the building should be visible from Route 66 through any landscapng. Site Design Landscaped buffers between die parlcuig areas and Route 66 should be (cont.) designed to minimize visibility or the arkin areas from Route 66, 1~ landscaped buffer between the building and the Laurel Street-facing property lure shall be designed to screen the west side of the building and_parl~ areas from view, An inviting and secure pedestrian environment along Route 66 shall be created through the use of landscape, hardscape and streetscape elements that provide visual interest and engagement for the edestrian. Main entry drive shall be aligned and landscaped to look like an extension of Village Ilill Road to the north. It shall leave a sidewallc or sidewalks clearly leading from Route 66 to the front door of the building. Provide landscaping on islands in parking areas as appropriate to the overall conce t of low im act and sustainable parkin lot desi n, Site perimeter fenchig, if required, shall be provided using black metal in a style similar to a college campus, where visible from public roadwa s, Dumpsters for waste disposal and recyclnig should be ultenial to the blllldill , or i£external, screened from view, Lighten shall be used to accent the site and buildin entrances. Use lighting, landscaping and other site design elements to create safe and attractive pedestrian circulation through the site and connectnlg to Route 66, Site Security Sile improvements and building exterior will be designed in accordance with I~ollmorgen's securit standards, ~ - COMMONWEALTII Or MASSACHUSETTS IIarnpden, ss. On this day of I'ebniary, 2009, before me, the undersigned notary public, personally appeared of the Plamling Board for the City of Northampton, Massachusetts, who proved to 1ne through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and aclalowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 411768.1