34-003 (4) Pursuant to Massachusetts General Laws (MGL) , Chapter 40A,
Section 11, no Special Permit, or any extension, modification or
renewal thereof, shall take effect until a copy of the decision
bearing the certification of the City Clerk that twenty days have
elapsed after the decision has been filed, or if such .an appeal
has been filed that it has been dismissed or denied, is recorded
in the Hampshire County registry of Deeds or Land Court, as
applicable and indexed under the name, of the owner of record or
is recorded and noted on the owner's certificate of title. The
fee for such recording or registering shall be paid by the owner
or applicant. It is the owner or applicant's responsibility to
pick up the certified decision from the City Clerk and record it
at the Registry of Deeds.
The Northampton Planning Board hereby certifies that a Special
Permit with Site Plan Approval has been Granted and that copies
of this decision and all plans referred to in it have been filed
with the Planning Board and the City Clerk.
Pursuant to Massachusetts General Laws, Chapter 40A, Section 15,
notice is hereby given that this decision is filed with the
Northampton City Clerk on the date below.
If anyone wishes to appeal this action, an appeal must be filed
pursuant to MGL Chapter 40A, Section 17, with the Hampshire
County Superior Court and notice of said appeal filed with the
City Clerk within twenty days (20) of the date of that this
decision was filed with the City Clerk.
Applicant: Metcalfe - 267 Turkey Hill Road
DECISION DATE: August 8 , 1996
DECISION FILED WITH THE CITY CLERK: August 27 , 1996
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ATTACHMENT B
Site Plan Approval/Review Criteria
Section 10.11
In conducting their Site Plan Review for the Special Permit with
Site Plan Approval for a flag lot, the Planning Board found:
A. The requested use for a flag lot protects adjoining premises
against seriously detrimental uses because it is a
residential use of a property in a Rural Residential zoning
district.
B. The requested use will promote the convenience and safety of
vehicular and pedestrian movement within the site and on
adjacent streets and minimize traffic impacts on the streets
and roads in the area because it will generate minimal
additional traffic and utilize an existing curb cut.
C. The requested use will promote a harmonious relationship of
structures and open spaces to the natural landscape,
existing buildings and other community assets in the area
because it will be in keeping with the residential character
of the neighborhood.
D. The requested use will not overload the City's resources
because it calls for the addition of only one residential
dwelling. Therefore, there is no need to mitigate adverse
impacts.
E. The requested use meets all special regulations set forth in
the Zoning Ordinance under Section 6. 13 and Section 10. 11.
F. The project has provided for compliance with the Technical
Performance Standards as listed below:
1. The curb cuts have been minimized because an existing
curb cut will be used.
2 . Pedestrian, bicycle and vehicular traffic movement will
be separated on the site by construction of a driveway.
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ATTACHMENT A
Section 6. 13 Flag Lots. In reviewing the application for a
Special Permit with Site Plan Approval to create a flag lot, the
Planning Board found the following:
1. The lot met the requirements of the Table of Dimensional and
Density Regulations, Section 6.2 .
2 . The access roadway has no curve with a radius of less than
eighty (80) feet.
3 . The lot is laid out such that a circle with a diameter one
and one-half (1 1/2) times the required frontage can be
placed around the principal structure without any portion of
said circle falling outside of the property's line.
4 . Only one flag lot is being created, and an existing curb-cut
and proposed drive located on the property will be used.
5. The grade, length and location of access driveways shall be
of suitable construction, in the opinion of the Planning
Board, for the access and, where applicable, the turn-around
for vehicles, including moving vans, ambulances, fire and
police. Said driveways shall conform to all applicable
provisions of the Zoning Ordinance.
6. Approval Not Required Plans submitted to the Planning Board
shall include the statement "Lot 12 is a Flag Lot: Building
is Permitted Only in Accordance with the Special Flag Lot
Provisions of the Northampton Zoning Ordinance. "
7 . The Special Permit application includes a plan showing the
location and layout of the existing driveway and proposed
house.
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In granting the Special Permit with site Plan Approval for a flag
lot, the Planning Board imposed conditions upon the project as
follows:
1) An Approval Not Required (ANR) Plan must be submitted to
the Office of Planning & Development and recorded at the
Hampshire County Registry of Deeds including the statement,
"Lot 12 is a Flag Lot: building is permitted only in
accordance with the special Flag Lot Provisions of the
Northampton Zoning Ordinance;
2) Prior to construction, a plan showing that all setback
requirements have been met must be submitted to the Building
Inspector;
3) Prior to an Occupancy Permit being granted, the road
must be upgraded as proposed by the applicant to meet the
definition of frontage under the Zoning Ordinance per the
specifications of the Department of Public Works.
4) The grade, length and location of access driveways shall
be of suitable construction, in the opinion of the Planning
Board, for the access and, where applicable, the turn-around
for vehicles, including moving vans, ambulances, fire and
police. Said driveways shall conform to all applicable
provisions of the Zoning Ordinance.
C. The requested use will promote a harmonious relationship of
structures and open spaces to the natural landscape,
existing buildings and other community assets in the -area
because it will be in keeping with the residential character
of the neighborhood.
D. The requested use will not overload the City's resources
because it calls for the addition of only one residential
dwelling. Therefore, there is no need to mitigate adverse
impacts.
E. The requested use meets all special regulations set forth in
the Zoning Ordinance under Section 6. 13 and Section 10. 11.
(See Attachment A and B)
F. The requested use bears a positive relationship to the
public convenience or welfare because it provides additional
housing.
The use will not unduly impair the integrity or character of
the district or adjoining zones because the proposed use is
residential, and the property is located in a district zoned
Rural Residential.
The use will not be detrimental to the health, morals, or
general welfare and shall be in harmony with the general
purpose and intent of the Ordinance.
G. The requested use will promote City planning objectives to
the extent possible and will not adversely affect those
objectives, as defined in City master or study plans adopted
under M.G.L. Chapter 41, Section 81-C and D.
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1"t MAM
ity of Northampton, Massachusetts ' 2 $
Office of Planning and Development s
City Hall • 210 Main Street
Northampton, MA 01060 • (413) 586-6950 $
FAX (413) 586-3726 +�
•Community and Economic Development �t
•Conservation •Historic Preservation
• Planning Board•Zoning Board of Appeals
• Northampton Parking Commission
DECISION OF
NORTHAMPTON PLANNING BOARD
APPLICANT: Tristram W. Metcalfe
ADDRESS: 142 Main Street
Northampton, MA 01060
OWNER: Tristram W. Metcalfe
ADDRESS: 142 Main Street
Northampton, MA 01060
RE LAND OR BUILDINGS IN NORTHAMPTON AT: 267 Turkey Hill Road
MAP AND PARCEL NUMBERS: MAP 34 PARCEL 3
At a meeting conducted on August 8, 1996, the Northampton
Planning Board unanimously voted 6: 0 to grant the request of
Tristram W. Metcalfe for a SPECIAL PERMIT with Site Plan Approval
under the provisions of Section 6.13 in the Northampton Zoning
Ordinance, to create a flag lot at 267 Turkey Hill Road in
accordance with the following plan:
1. Special Permit Site Plan, Lot Al, Turkey Hill Road,
Northampton, dated July 18, 1996.
Planning Board Members present and voting were: Chair Andrew
Crystal, Jody Blatt, Nancy Duseau, Kenneth Jodrie, Mark NeJame,
and Anne Romano.
In Granting the Special Permit with Site Plan Approval for a flag
lot, the Planning Board found:
A. The requested use for a flag lot protects adjoining premises
against seriously detrimental uses because it is a
residential use of a property in a Rural Residential zoning
district.
B. The requested use will promote the convenience and safety of
vehicular and pedestrian movement within the site and on
adjacent streets and minimize traffic impacts on the streets
and roads in the area because it will generate minimal
additional traffic.
ORIGINAL PRINTED CAN RECYCLED PAPER