Loading...
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 i A JOID9d3u1 SutpITno oIi ? ?pd �UDgjuv r p 4 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. t 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. r 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. z C 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