29-489 Decision - Planning Board
"Sawmill Hills" Cluster Development
I� I
Page 2 February 13, 1986
I
2. The requested use does not bear a positive relationship to the public
convenience or welfare.
I� 3. The requested use will not create undue traffic congestion or unduly
impair pedestrian safety.
Ij 4. The request use will overload public water, citing the impact on
water supplies as a result of this development.
I5. All specific regulations for the use, set forth in Article XI have been
� fulfilled.
6. The requested use will impair the integrity or character of the district
or adjoining zones, citing economic impact on the value of abutting
property as a result of the development, the negative impact on already
overcrowded schools, and the lack of information describing a cumulative
overview of other recent developments in conjunction with this project.
Those members voting in favor of the development, also ruled that this
Special Permit is subject to the provisions and conditions of the Planning
Board's approval of the Definitive Subdivision Plan, entitled "Sawmill Hills
Cluster Residential Development", filed with the City Clerk on10/18/85 and
approved by the Planning Board on 2/13/86.
� GL
i
Those Board members who were in attendance at the 11/14/85 Public Hearing.
i.
;i
i.
l
7'
�II
i
,I
1�,
j �' r
Ar
C,
DECISION OF
NORTHAMPTON PLANNING BOARD
i
At a meeting held on February 13, 1986, the Planning Board of the
City of Northampton, by a vote of six in favor and cn D44 QSed, ruled
on the Spejcal Permit r_equest of James F. and Patricia A. Boyle, 266 West
Farms Road, Northampton for the purpose of establishing a Cluster Residential
Development to be entitled "Sawmill Hills", which will include 43 residential
units on 33 lots on property located on the north side of Ryan Road,
Northampton and containing new roadways to be entitled "Tara Circle",
f "Gregory Lane" and "Matthew Drive". Public hearing for this application
was held on November 14, 1985.
iBased upon evidence presented to the Board at said Public Hearing,
and after due deliberation, Planning Board members*Marion Mendelson,
George Andrikidis,*Robert August,*Stephen Jasinski,*Nancy Duseau and
„Diane Bridgman issued the following findings in accordance with Section 10.10
of the Northampton Zoning Ordinance:
1. The requested use is listed in the Table of Use Regulations of the
Northampton Zoning Ordinance as allowed by Special Permit in the district
for which application is made.
2. The requested use bears a positive relationship to the public convenience
or welfare by increasing the number and quality of the City's housing
stock.
3. The requested use (proposed 43 residential units) will not create
undue traffic congestion or unduly impair pedestrian safety, noting
the inclusion of one sidewalk in the proposed development.
4. The requested use will not overload any public water, drainage or
sewer system to such an extent that the requested or any developed
use in the immediate area or in any other area of the City will be
unduly subjected to hazards affecting health, safety or the general j
welfare.
5. All specific regulations for the use, set forth in Article XI have been
fulfilled.
6. The requested use will not impair the integrity or character of the
district or adjoining zones, nor is it detrimental to the health,
morals or general welfare. The use is in harmony with the general
purpose and intent of the Ordinance. The proposed development will
make use of the Cluster Provision in the Northampton Zoning Ordinance,
in that it will reduce individual lot sizes to reduce the expense and
I
maintenance of the infrastructures (i.e. , streets, storm sewer, water
lines and sanitary sewer), as well as preserving open space.
In addition, the Planning Board members listed above attached the
following conditions to this Special Permit:
1. Lots #4, 5, 13, 14, 21, 30, 31 and 32 will contain two-family
� .. dwellings; lot #33 will contain a three-family dwelling; and
the remainder will contain single-family dwellings.
To3 2. Lots surrounding the cul-de-sac will share a common curb cut.
' Planning Board member�"John Herlihy, voting in opposition, found that:
a-�
1. The requested use is listed in the Table of Use Regulations of the
Northampton Zoning Ordinance as allowed by Special Permit in the
j I district for which application is made.
_. . .2
�I
- f cN7
CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT
MEMORANDUM
TO: Patrick Gleason, City Solicitor
F
FRO M. Lawrence B. Smith, Senior Planner, on behalf of the Northampton Planning Board
i
SUBJECT: Sawmill Hills Special Permit/Subdivision Decisions
DATE: February 18, 1986
LB Qffi
FILE:
At their meeting on February 13, 1986 the Northampton Planning Board rendered
their decisions on the Special Permit (Cluster) and Subdivision Applications for the
Sawmill Hills development of James and Patricia Boyle.(attached please find a copy of
the Decision) . The Planning Board is made up of nine members.
As you can see, the Board voted six (6) in favor and one (1) opposed to the
granting of the Special Permit. However, of those six that voted in favor of the
Permit, only five (5) were in attendance at the Public Hearing. It takes a two-thirds
vote of the Planning Board to grant a Special Permit. The Planning Board would like
your opinion as to whether their vote actually granted the Permit as one of the six
members that voted in favor of the Permit was not at the Public Hearing. In other
words , does the vote of a Board Member who was not in attendance at the Public Hearing
count. I have attached a copy of a Land Use Manager published by the state Office of
Communities and Development which offers some thoughts on the subject.
In addition, the Planning Board voted 5-0-2 to grant Mr. Boyle' s application
for a Definitive Subdivision Plan (only a majority vote of the Board is required) .
Of the five that voted in favor of the Subdivision Plan, one was not in attendance at
the Public Hearing. The Planning Board would like your opinion as to whether their
vote actually granted the subdivision plan as one of the five members that voted in
favor was not at the Public Hearing. In other words, with reagard to subdivision
approval, does the vote of a member not in attendance at the Public Hearing count.
In addition, does a majority vote mean a majority must vote in the affirmative of the
total nine member Board, or just a majoirty of those in attendance at the meeting at
which the vote is taken.
One additional point that the Board would like your opinion on is that Chapter
40A, Section 9 states that "Special permit granting authorities shall act within ninety
days following a public hearing. . .". Mr. Boyle requested, and the Planning Board approved,
an extension request of the deadline date to February 13, 1986. The Planning Board
renderd their Decision on the Application on Februrary 13, 1986, the date that Mr. Boyle's
deadline was extended to. The Board's actual decision was filed with the City Clerk on
February 21, 1986. Mr. Boyle's attorney has now filed a request with the City Clerk
(a copy of which I have attached) stating that the Permit has been granted by default
as the Decision was not filed on February 13, 1986. The Board would like to know exactly
what is meant by "The Board shall act. . .". Is it the day that they vote on their decision,
or the daty that their decision is filed with the City Clerk. I will point out Section
15 of Chapter 40A seems to imply that the ZBA has fourteen days to file their decision
after rendering it. I would assume that this would also apply to Special Permit issued
by the Planning Board.
I would be happy to site down with you to discuss all of these points at your
ON Pg. 15
No
WAIVERS
Ww
Applicant requests that the Northampton Planning Board waive strict compliance
+F• with the following requirements of the Subdivision Rules and Regulations.
1. That the Planning Board accepts a 3" total depth of bituminous paving
ON material in lieu of the required 5+".
2. That the Planning Board accepts the proposal without sidewalks, except
on one side as shown on plan.
OR
3. That the Planning Board accepts the length of the dead-end-street as
proposed.
no
4. That the Planning Board accepts a reduction in the frontage distance
to 80% of the usual distance for those lots on the cul-de-sac.
ON 5. That the Planning Board accepts the following width of pavement between
berms on the proposed streets.
Tara Circle 24' wide
Gregory Lane 24' wide
Matthew Drive 28' wide
6. That the Planning Board accepts topography only on the areas to be
built upon.
7. That the Planning Board accepts profile on the proposed streets at a
Om horizontal scale of 1" = 40' and a vertical scale of 1" = 4' .
8. That the Planning Board accepts a typical cross-section of the proposed
on street.
9. That the Planning Board accepts drainage calculations prepared in
accordance with the U.S. Department of Agriculture, Modified Soil
" Cover Complex Method (publication TR 55).
■W Pg. 14
am
SITE DATA SHEET
am A. Total Area of Project 48.3 Acres
B. Total Area to be Developed 18 Acres +
C. Total Area of Open Space 30.3 Acres +
w� D. Total Number of Lots 67 Lots
E. Total Number of Dwelling Units 85 Units
Comparison of Ordinance Requirements with Proposed Plan for Cluster
Development in the URA Zoning District.
ITEM REQUIRED PROPOSED
Total Area 12 Acre Minimum 48.3 Acres +
Open Space 10% Minimum 30.3 Acres +
Dwelling Units Permitted 94 Units 85 Units
Gross Density 31,532 S.F./D.U.
51 Single Family Lots 5,000 S.F. 5,000 S.F. or Greater
14 Two Family Lots 10,000 S.F. 10,000 S.F. or Greater
2 Three Family Lots 15,000 S.F. 15,000 S.F. or Greater
00
OR
�w
ALMER HUNTLEY, JR., & ASSOCIATES, INC.
SURVEYORS - ENGINEERS - LANDSCAPE ARCHITECTS
w
Pg. 13
am
Section 11.4
on
Cluster Residential Development.
The following outline is in response to the Rules & Regulations of this Ordinance.
aAr
Section 11.4 - (1) a thru f. Drawing as submitted
(2) Formal submission of Definitive Subdivision plans.
(3) In conformance with Requirements, See Data Sheet.
(4) In conformance with Requirements, See Data Sheet.
(5) In conformance with Requirements, See Data Sheet.
.. (6) In conformance with Comprehensive Plan &
Neighborhood Use & Density Patterns.
(7) In conformance with Requirements.
(8) In conformance with Requirements.
(9) Common land shall be owned by a homeowners association
to be established by developers and approved by the
City Solicitor.
w.
�w
Pg. 12
�w
City of Northampton
Office of City Clerk
City Hall
Main Street
Northampton, MA 01060
Re: Notice of Submission of
4" Definitive Subdivision Plan
I hereby acknowledge receipt of Form C & Definitive Subdivision Plans
w.
for proposed "Sawmill Hills" Subdivision.
Date of Receipt
City Clerk
w
00
Pg. 11
FORM C
2 of 2
-- NORTHAMPTON MASS.
5
Date
The following are all the mortgages and other liens or encum-
brances on the whole or any part of the above described property :
Property subject to mortgage to Florence Savings Bank
The undersigned hereby covenants and agrees with the City of
Northampton upon approval of the Definitive Plan:
1 . To construct the ways and install the municipal ser-
vices as finally approved by the Planning Board.
2 . To design and construct the ways and design and in-
stall the municipal services in accordance with the
" ! Rules and Regulations Governing the Subdivision of
Land, City of Northampton, Massachusetts , with the
rules and instruction of the City Board of Health,
appropriate department heads , and with the Definitive
Plan and its accompanying material as finally approved
by the Planning Board.
w 3 . At the laying out and acceptance of said ways all
municipal services within the ways will become the
property of the City of Northampton at no cost to
said City, unless otherwise agreed upon.
This agreement shall be binding upon the heirs executors , admin-
istrators , successors , and assigns of the u er gned._
Owner of Record James F. & Patricia A. Boyle �..�
Print or type name Sign�"re
West Farms Road, Northampton, MA G
l�ddress
James F. Boy e and
�. Before me appeared Patricia A. Boyle , Owner of Record,
and made oath that the above statements subscribed to be him
(her) are true.
John J. Moriart No ry Publ
Y
�w
C mm. Expires : 8/15/91
Note: Complete Form "D" and Date of Submission:
+�. attach.
City Clerk
Signature
36
METCALr & EDDY
No
ow
am
' Pg. 10
FORM C
1 of 2
NORTHAMPTON, ASS.
�167 /( -
f gS
Date
APPLICATION FOR APPROVAL
OF DEFINITIVE PLAN
File one completed form with the Planning Board
and a copy with the City Clerk in accordance with
the requirements of Section 4 . 02.
To the Planning Board:
The undersigned herewith submits the accompanying Defini-
tive Plan of property located in the City of Northampton for
approval as a subdivision under the requirements of the Sub-
'` division Control Law and the Rules and Regulations governing
the Subdivision of Land of the Planning Boar the City of
Northampton.
i1 . Applicant James F. & Patricia A. Boyle
Print or type name Signature
West Farms Road Northampton, MA
Address
2. Owner James F. & Patricia A. Boyle
Print or type name Sign at e
West Farms Road, Northampton, MA
Address
' 3. Engineer Almer Huntley, Jr. & Associates, Inc.
Print or type name Signature
125 Pleasant Street, Northampton, MA
f Address
4 . Surveyor Almer Huntley, Jr. & Associates
Print or type name Signature
125 Pleasant Street, Northampton, MA
Address
5. Deed of Property Recorded in Hampshire County Registry,
2588 202
Book 2576 Page 269
2-571 347
6 . Location and Description of Property :
Land off the Northerly side of Ryan Road.
35
METCALF a EDDY
Pg. 9
FORM D
NORTHAMPTON, MASS.
Date
CERTIFIED LIST OF ABUTTERS
(Fill in this space with rough sketch of land described in this
petition, and write against boundary lines the name and mailing
address of adjoining owners in their relative positions . Include
owners of land separated from the subdivision only by a street . )
r
I'
k '
Planning Board
Northampton, Massachusetts
Gentlemen:
This is to certify that at the time of the last assess-
.„ ment for taxation made by the City of Northampton, the names and
I addresses of the parties assessed as adjoining owners to the
parcel of land shown above were as above written, e
L_
Date of Verif cation
Assessor
Sign re
37
l
METCALF A EDDY
Pg. 8
BOARD OF ASSESSORS
NO
ASSESSORS
�w Bernard H. O'Connell, M.A.A., Chairman $ TELEPHONE
Joan C. Sarafin, M.A.A. $ ' 586-6950 Ext. 200
Edwin M. Padeck
am
MUNICIPAL OFFICES
212 Main Street
am Northampton, MA 01060
October 4, 1985
To Whom It May Concern;
This is to certify that the attached list of property
owners is correct for FY86.
J;4 n C. Sarafin
i
A essor
'...r......v.. Pg. 7
,. SAWM SILL - ABUTTERS LIST
OCT
NAME ADDRESS SHEET # PARCEL #
Frances E. Curran 213 Locust Street 28 37
Stephen Szymanski Estate 11 Bunker Hill St.
c/o Anna Szymanski So. Hadley, MA 01075 28 10
Donald R. Kelley
Sarah Carey 461 Ryan Road 29 490
James C. Burkinshaw
Dianne N. Burkinshaw 447 Ryan Road 29 492
William C. Lamere
Patricia A. Lamere 457 Ryan Road 29 491
John J. Glenowicz
Louise M. Glenowicz 405 Ryan Road 29 495
Wilbert W. Dushane
Dorothy M. Dushane 26 Golden Drive 29 132
William Henshaw
�s
Beth Henshaw 16 Golden Drive 29 430
Arthur J. Lyman Beaver Road
Ware, MA 01082 29 429
Edna R. Moggio 78 Golden Drive 29 428
Rachel E. Keefe 87 Spruce Hill Ave. 22 11
William F. Gruber 137 Parsons Street
�w
Easthampton, MA 28 33
w.
w
Pg. 6
S L' HILL ABUTTERS LIST
OCT �
N ADDRESS SHEET # PARCEL #
Richard 0. Bradford, Jr.
Diane I. Bradford 71 Golden Drive 29 426
Paul C. Abrams
Deborah Abrams Roud 63 Golden Drive 29 425
Stanley F. Osowski 39 Golden Drive 29 422
Richard J. Fungaroli
Donna M. Fungaroli 23 Golden Drive 29 420
John C. L'Abbe
Mary F. L'Abbe 15 Golden Drive 29 419
Nancy M. Crowley 7 Golden Drive 29 241
Michael J. Losowski
Lucy P. Losowski 107 Spruce Hill Ave. 29 151
+�w
Eleanor M. Burdo 377 Ryan Road 29 125
Arthur L. Hilson
Florine M. Hilson 7 Gilrain Terrace 29 67
Donald J. Superba
no Alice J. Superba 358 Ryan Road 29 68
Henry M. Bilsza 372 Ryan Road 29 69
40
Peter D. Bauver
Janice C. Bauver 97 Ryan Road 22D 9
go Stephen E. Ferrari
Esther D. Ralston 103 Ryan Road 22D 10
�w Erna C. Denzlein 91 Ryan Road 22D 8
Stephen W. Vinelli 5 Water Street
Mary S. Vinelli Easthampton, MA 22 10
Blaine M. Burdin
Eleanor W. Burdin 101 Spruce Hill Ave. . 22 9
James F. Boyle 266 W. Farms Road
Patricia A. Boyle Northampton, MA 22 29-33
Eleanor M. Burdo 377 Ryan Road 28 33
Edward B. LaValley
Theresa D. LaValley 541 Ryan Road 28 43
a„n Pg. 5
S A M IVrrrV
N ADDRESS SHEET # PARCEL 4�
C4 . e
Y of Northampton Ryan Road School 29 104
Douglas W. Greenwood 20 Alamo Court 29 127
ChristopherJ. Morin
Joann W. Morin 10 Alamo Court 29 126
Northampton Revolver Club 158 Line Street
ass c/o Edward Krzanowski Easthampton, MA 29 152
Joseph J. Adamowicz 454 Ryan Road 29 103
Joseph J. Adamowicz 454 Ryan Road 29 431
Joseph J. Adamowicz
Elinor T. Adamowicz 432 Ryan Road 29 102
Elinor T. Adamowicz 432 Ryan Road 29 470
Marvin McConkey
Ruth McConkey 418 Ryan Road 29 87
Gregory J. Krause
Susan B. Krause 410 Ryan Road 29 86
Howard B. Lyford, Jr.
Bonnie A. Lyford 402 Ryan Road 29 85
Gordon P. Trowbridge, Jr.
Margaret H. Trowbridge 40 Alamo Court 29 129
on J. Leo Goyette
Jane N. Goyette 30 Alamo Court 29 128
John J. Leva
Nancy T. Kask 41 Alamo Court 29 130
Wilber R. Waite
Helen D. Waite 441 Ryan Road 29 123
Sandra B. Lind 433 Ryan Road 29 124
Raymond F. Pietrzykowski
Mary H. Pietrzykowski 33 Alamo Court 29 131
a" Leonard F. Haggerty
Dorothy S. Haggerty 149 Sprice Hill Ave. 29 238
Deborah L. Thomas 79 Golden Drive 29 427
40
Pg. 1
des Application Number:
1 ,
t
c . Checked Filed Fee Pd. Rec'd. ZBA Map(s) Parcels)
tg I IBY gate Date Amt. Date By Date
p:'' ice, t n
APPLICATIWIS HEREBY MADE TO THE CITY OF NORTHAMPTON l�#3 iC14�'1 C
PLANNING BOARD
1. Name of Applicant James F. & Patricia A. Boyle
Address West Farms Road, Northampton, MA
2. Owner of Property James F. & Patricia A. Boyle
Address West Farms Road, Northampton, MA
3. Applicant is: %%Owner; ❑Contract Purchaser; ❑Lessee; ❑Tenant in Possession.
4. Application is made for:
❑VARIANCE from the provisions of Section page of the Zoning Ordinance of the
City of Northampton.
MSPECIAL PERMIT under the provisions of Section11.4 page---I—1--8 of the Zoning Ordinance
of the City of Northampton.
❑OTHER: -
5. Location of Property Sawmill . Hills being situated on
the North side of Ryan Road _U*V; and shown on the Assessors' Maps,
Sheet No. 289 33 , Parcel(s) 488 & 489
6. Zone URA 22 - 28
7. Description of proposed work and/or use;
Cluster Residential Development comprising a
total of 67 Lots & 85 Dwelling Units
Jim 8. (a) Sketch plan attached; ®Yes 0 N Complete filing for Definitive Subdivision Plan
(b) Site plan: 12Attched ❑Not Required
MR 9. Set forth reasons upon which application is based: Requirements as set forth under
Section 11.4.
10. Abutters (see instructions; list on reverse side of form). See Form "D"
12. 1 hereby certify that information contained herein is true to the-best of my knowledi G
" " Date �G���� �S Applicant's Signature
October 22, 1985
City of Northampton
Planning Board
City Hall
Main Street
Northampton, MA 01060
Gentlemen:
This letter, applications and plans serve as a request for special permit
for Cluster Residential Development and Subdivision approval on 48.3 Acres off
the North side of Ryan Road, at the base of Sawmill Hills, Northampton, MA.
The zoning of the site is URA and the general area is comprised mostly of
single family homes on a variety of lot sizes. The general area has been
developed over the past 30 years. The site is directly opposite Ryan Road from
the Ryan Road School. The land is mostly wooded and portions have been logged
off over the last few years.
In selecting the proposed cluster type subdivision, rather than a conven-
tional subdivision, we wish to achieve the following goals:
40
A. To provide affordable housing given the current housing market.
B. The ability to reduce site improvement construction cost, thus keeping
lot costs more affordable.
C. To provide a mix of housing for first home buyers.
D. To provide a variety of dwelling types intigrated with each other and
with a significant area of common open space for passive recreation.
E. To maintain large open spaces particularly at high elevations.
In the initial planning, we worked with the local residents and have incor-
porated many of their suggestions as well as those of some of the Planning Board
members.
*■ The propsal we submit follows directly in line with the suggestions of the
Northampton Land Use Study Committee.
Ve y truly yours
/James & Patric Boyle
L.
op
uiw
TABLE OF CONTENTS
PAGE
LETTER OF INTRODUCTION
SPECIAL PERMIT APPLICATION (Pages.2, 3 & 4 NOT APPLICABLE) . . . . 1-4
ABUTTER LIST . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-7
ABUTTER LIST CERTIFICATION . . . . . . . . . . . . . . . . . . . . . 8
ASSESSORS CERTIFICATION (FORM D) . . . . . . . . . . . . . . . . . . 9
APPLICATION (FORM C) . . . . . . . . . . . . . . . . . . . . . . . . 10-11
AM CITY CLERK'S RECEIPT . . . . . . . . . . . . . . . . . . . . . . . . 12
STATEMENT OF RESPONSE TO SECTION 11.4 . . . . . . . . . . . . . . . 13
SITE DATA SHEET . . . . . . . . . . . . . . . . . . . . . . . . . . 14
LIST OF REQUESTOR "WAIVERS" . . . . . . . . . . . . . . . . . . . . 15
p
pw
91 _ iTl
SAWMILL HILLS
PROPOSED
"CLUSTER RESIDENTIAL DEVELOPMENT"
.w
OWNER & DEVELOPER ENGINEERS & SURVEYORS
James F. & Patricia A. Boyle Almer Huntely, Jr. & Associates, Inc.
266 West Farms Road 125 Pleasant Street
Northampton, MA 01060 Northampton, MA 01060
WATER CONSULTANT
Fm
Paul P. Hatch, P.E.
Munn Road
Monson, MA 01057
DES.OF UUIWINC INSPEC"; :S
WORTFIAMPTON MA 01C '
I>I