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07-048 ZBA Decision June 22 1995City of Northampton, Massachusetts Office of Planning and Development City Hall . 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 566 -3726 • community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission DECISION OF NORTHAMPTON PLANNING BOARD APPLICANT: PETER W. AND JILL A. KELLEY ADDRESS: 533 NORTH FARMS ROAD, FLORENCE, MA 01060 OWNER: PETER W. AND JILL A. KELLEY ADDRESS: 533 NORTH FARMS ROAD, FLORENCE, MA 01060 RE LAND OR BUILDINGS IN FLORENCE AT: 533 NORTH FARMS ROAD MAP AND PARCEL NUMBERS: MAP # 7 PARCEL # 48 At a meeting conducted on June 22, 1995, the Northampton Planning Board unanimously voted unanimously 7:0 to GRANT the request of PETER W. AND JILL A. KELLEY for the RENEWAL of a SPECIAL PERMIT issued May 12, 1994 to access a lot over the side lot line under the provisions of 56.12 with SITE PLAN APPROVAL under the provisions of §10.11 in the Northampton Zoning ordinance at 533 North Farms Road. Planning Board Members present and voting were: Chairman Andrew Crystal, Vice Chairman Daniel Yacuzzo, Joseph Beauregard, Jody Blatt, Nancy Duseau, Kenneth Jodrie and Mark NeJame. In renewing the request for a renewal of a special Permit, the Planning Board found that there were no problems or complaints from neighbors or abutters regarding access to other property over the right -of -way and that there has not been any erosion or drainage run -off problems on the site. Based on these findings the Board voted unanimously to renew the Special Permit with the following conditions: 1. Access to the driveway shall not be blocked off or prohibit others from continuing to have access over the right -of- way. 2. The side lot access shall be the only access allowed. ORIGINAL PRINTED ON RECYCLED PAPER City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 B FAX(413)586 -3726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission DECISION OF NORTHAMPTON PLANNING BOARD APPLICANT: PETER W. AND JILL A. KELLEY ADDRESS: 533 NORTH FARMS ROAD, FLORENCE, MA 01060 OWNER: PETER W. AND JILL A. KELLEY ADDRESS: 533 NORTH FARMS ROAD, FLORENCE, MA 01060 RE LAND OR BUILDINGS IN FLORENCE AT: 533 NORTH FARMS ROAD MAP ANn PARCEL NUMBERS: MAP k 7 PARCEL k 48 At a meeting conducted on June 22, 1995, the Northampton Planning Board unanimously voted unanimously 7:0 to GRANT the request of PETER W. AND JILL A. KELLEY for the RENEWAL of a SPECIAL PERMIT issued May 12, 1994 to access a lot over the side lot line under the provisions of §6.12 with SITE PLAN APPROVAL under the provisions of §10.11 in the Northampton Zoning Ordinance at 533 North Farms Road. Planning Board Members present and voting were: Chairman Andrew Crystal, Vice Chairman Daniel Yacuzzo, Joseph Beauregard, Jody Blatt, Nancy Duseau, Kenneth Jodrie and Mark NeJame. In renewing the request for a renewal of a Special Permit, the Planning Board found that there were no problems or complaints from neighbors or abutters regarding access to other property over the right -of -way and that there has not been any erosion or drainage run -off problems on the site. Based on these findings the Board voted unanimously to renew the Special Permit with the following conditions: 1. Access to the driveway shall not be blocked off or prohibit others from continuing to have access over the right -of- way. 2. The side lot access shall be the only access allowed. ORIGINAL PRINTED ON RECYCLED PAPER Pursuant to Massachusetts General Laws (MGL) , Chapter 4DA, 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 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: PETER W. S JILL A. KELLEY - 533 NORTH FARMS ROAD DECISION DATE: June 22, 1995 DECISION FILED WITH THE CITY CLERK: July 3, 1995 City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX(413)586 -3726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission DECISION OF NORTHAMPTON PLANNING BOARD APPLICANT: PETER W. AND JILL A. KELLEY ADDRESS: 533 NORTH FARMS ROAD, FLORENCE, MA 01060 OWNER: PETER W. AND JILL A. KELLEY ADDRESS: 533 NORTH FARMS ROAD, FLORENCE, MA 01060 RE LAND OR BUILDINGS IN FLORENCE AT: 533 NORTH FARMS ROAD MAP AND PARCEL NUMBERS: MAP # 7 PARCEL # 48 At a meeting conducted on June 22, 1995, the Northampton Planning Board unanimously voted unanimously 7:0 to GRANT the request of PETER W. AND JILL A. KELLEY for the RENEWAL of a SPECIAL PERMIT issued May 12, 1994 to access a lot over the side lot line under the provisions of §6.12 with SITE PLAN APPROVAL under the provisions of §10.11 in the Northampton Zoning Ordinance at 533 North Farms Road. Planning Board Members present and voting were: Chairman Andrew Crystal, Vice Chairman Daniel Yacuzzo, Joseph Beauregard, Jody Blatt, Nancy Duseau, Kenneth Jodrie and Mark NeJame. In renewing the request for a renewal of a Special Permit, the Planning Board found that there were no problems or complaints from neighbors or abutters regarding access to other property over the right -of -way and that there has not been any erosion or drainage run -off problems on the site. Based on these findings the Board voted unanimously to renew the Special Permit with the following conditions: 1. Access to the driveway shall not be blocked off or prohibit others from continuing to have access over the right -of- way. 2. The side lot access shall be the only access allowed. ORIGINAL PRINTED ON RECYCLED PAPER 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 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 data 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: PETER A. S JILL A. KELLEY - 533 NORTH FARMS ROAD DECISION DATE: June 22, 1995 DECISION FILED WITH THE CITY CLERK: July 3, 1995 G 'Pak City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 5863726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission DECISION OF NORTHAMPTON PLANNING BOARD APPLICANT: PETER W. AND JILL A. KELLEY APPLICANT'S ADDRESS: 533 NORTH FARMS ROAD, FLORENCE OWNER: PETER W. AND JILL A. KELLEY OWNER'S ADDRESS: 533 NORTH FARMS ROAD, FLORENCE RE LAND OR BUILDINGS IN NORTHAMPTON AT: 533 NORTH FARMS ROAD, FLORENCE MAP AND PARCEL NUMBERS: MAP# 7 PARCEL # 48 At a meeting conducted on May 12, 1994, the Northampton Planning Board unanimously voted 9:0 to grant the request of Peter and Jill Kelley for a SPECIAL PERMIT to access a lot over the side lot line, under the provisions of Section 6.12 and Site Plan Approval under the provisions of Section 10.11 of the Northampton Zoning Ordinance at 533 North Farms Road. Planning Board Members present and voting were: Chairman Andrew Crystal, Vice Chairman Daniel Yacuzzo, Bob Riddle, Kenneth Jodrie, Nancy P. Duseau, Dr. Joseph Beauregard, Judith B. Hale, Jody Blatt, Mark NeJame. In Granting a Special Permit for vehicular egress /Access to a Lot, the Planning Board found: 1. The requested use for access over a side lot line is so designated in Section 6.12 of this Ordinance. 2. The requested use bears a positive relationship to public convenience or welfare. 3. The requested use will not create undue traffic congestion or unduly impair pedestrian safety because the use will be for a driveway for a single - family residence. - - - -- 4. The requested use will not overload any public water, -- drainage or sewer system, or any other municipal system to such an extent that the requested use 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 ORIGINAL PRINTED ON RECYCLED PAPER -- the general welfare, because a driveway does not impact on any municipal system. 5. The requested use meets all special regulations set forth in the Zoning ordinance, specifically Section 6.12 - vehicular Egress /Access to a Lot and Common Driveways. 6. The requested use will not unduly impair the integrity or character of the district or adjoining zones, will not be detrimental to the health, morals, or general welfare, and is in harmony with the general purpose and intent of the ordinance because driveway access over the side lot line will be a safer egress and entryway to the residence than the previously proposed site for the driveway which was prohibitively steep for emergency vehicles. in Approving the Site Plan, under Section 10.11 (6), the Planning Board found that the plan submitted with the Special Permit: A. Has provided for the protection of adjoining premises against seriously detrimental uses by providing for: 1. Surface water drainage with the requirement that an engineer shall submit certification that the existing conditions are adequate to protect adjoining premises against seriously detrimental uses by providing for surface water drainage. 2. Sound and sight buffers. 3. Preservation of views, light and air. B. Has provided for the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, minimized traffic impacts on the streets, roads and highways in the area, the location of driveway openings in relation to traffic, access by emergency vehicles, and to adjacent streets and, when necessary, compliance with other regulations for the handicapped, minors and the elderly. C. Has provided for the adequacy of the arrangement of parking and loading spaces in relation to the proposed uses of the premises. D. Has provided for the relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area and compliance with other requirements of the ordinance. E. Has provided for the mitigation of adverse impacts on the City's resources including the effect on the City's water supply and distribution system, sewerage collection and treatment systems, fire protection, and streets. -2- F. Has provided for compliance with the technical performance standards listed below: 1. Curb cuts have been minimized through using existing curb cuts. Conditions imposed upon the project are as follows:- 1. The driveway shall not be blocked off so that others shall continue to have access to the right -of -way. Z. The side lot access shall be the only access allowed. 3 . This special permit shall be subject to a one year review to ascertain if there are any problems with erosion or water run -off. The applicant shall notify all abutters of the review date. C 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 for vehicular egress /Access to a Lot and common Driveways 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 or the Northampton District 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: PETER W. AMD JILL A. KELLEY DECISION DATE: MAY 12, 1994 DECISION FILED WITH THE CITY CLERK: MAY 26, 1994 ra -4- (86 UN7 Y °L' 3 RODS Wl0 ' /6 N LANG OF _ � AIYD OF w = e W � N PHILIP l R. KELLEY GGROONS SWIFT I �o g - 7K: ,4 89, PG. 740B.1938,P194 SK. 1374, PG,.958 3 -a_ 'L �5EE. FLAN BOOK 75,PAGE46- N i5, s 9 NA - 00-e— ' 9 0.0 0 °mow O a 4 O x O J> O O , m ' O U O o� V UM n q� eo �4 w A d q le e 0 ti / 5 / 9 ¢O P as p Fs \q 2 i � I e 0 B B 1 A B R g74 pA PA O pP I r\ v 5 DO se'+, T "'I "17 Pro. "OS F,1U N U fi COUP ED AA ON CEEDS. 'LASS ANC OTHER SOUROER S AND RV AND S N E AECOPDEO ACCURATE TC P[,,i 50.::11,5 3AAR AFC f1R5S' ANLP =CAN TITLE I RES..'CE CONPANY HEREBY REPORT 1MAT HAVE EXAMINE 0 THE PREMISES AND BASED oN E)aS`DsG ON MCNUMENTAIION ALL EASEMENTS, ENCROApIMENTS AND BUILDINGS ARE LOCATED U THE LOT NES, 11 1111 AS NOTE' HO FURTHER REPORT THAT THE ELY RS NOT T LOCATED "TH N A {LppD PRJNf AREA AS SHOMN ON RUERAL FLOOD INSURANCE MAPS FOR :pAWUNI'T i -NOTE - SURVEYOR: ^"?'4' I THIS PUT FOR MORTGAGE LOAN PURPOSES ONLY AND DOES NOT CONSTITUTE A PROPERTY SURVEY M EY� LOAN INSPECiLON PLAI- C9U8 MS �l L 0.EPAR[D FD0. Qp ANO BILL A. KCLLEV Ifs ]ULY 6. 1991 m I2 ATON ANO ASSOGATES, INC. l � ET - HADLE - uASSACHUSETT'. CITY OF NORTHAMPTON SPECIAL PERMIT AND SITE PLAN APPLICATION 1. 2. 3. 4. 5. 6. 7. 8. PERMIT AUTHORITY(IES): ZBA_ Planning Board xx Council_ Applicant Name: Peter W and Jill A K iley Address: 553 North Farms Road, Florence Telephone: 413 /586 -4564 533 Properly Owner: Peter W and Jill A Kellev Address: 539 North Farms Road, Florence Telephone: 413/586 -4564 Status of Applicant:Owner Contract Purchaser Lessee Other (explain) Parcel Identification: Zoning Map #07 Parce1 Zoning District: Street Address: 470 North Farms Road, Florence Special Permit requested under Zoning Ordinance Section F, Pg _ Site Plan is for: Intermediate Project xx or Major Project_ None (only for a Sign)_ t Narrative Description of the Proposed Project (Use additional sheets if necessary): Re- siting of driveway using abandoned stage coach road, Old Hatfield Road, for vehicular egress and entry ' as original riveway si e prove pro 1F1T e y steep for emergency vehicles. �� '1 -- How does project comply with Special Permit criteria: (See Applicant's Guide for criteria -use additional sheets is necessary) RPR rnntir Gh eeh attached hereto 4 10. Site Plan, with any requests for waivers, must be attached. 11. Certified Abutters List from Assessors' Office must be attached. -� 12. 1 certify that I have read the permit criteria and that the information contained herein is true and accurate to the best of my knowledge. I (or the landowner if I am not the landowner) grant the Zoning Board and Planning Board permission to enter the property to review this application. Date:� p b 4/ Signature;\ - ZZL /16) (memor \wp rms4siteplan.b 4/2193) SITE PLAN REQUIREMENTS — OPTIONAL REQUEST FOR WAIVER The application MUST include a site plan and documentation with the following information. Upon written request, the Planning Board may waive the submission of any of the required information, provided that the Applicant provides some written information on each of the items and explains why a waiver is appropriate. For each requested waiver circle the item number and fill in the reason for your request In the space provided. Use additional sheets if necessary. See the Zoning Ordinance for all site plan requirements. B. Site plan (s) at a scale of 1" = 40' showing B -1. Name and address of the owner and the developer, of the project, date and scale of plans, c fS 11 if 7 i B -2. Location and boundaries of the lot, adjacent streets or ways, location and owners names of all adjacent properties and those within 300 feet of the property line, and all zoning district boundaries; B -3. Existing and proposed buildings, setbacks from property lines, building elevations, and all exterior entrances and exits (elevation plans of all exterior facades structures are encouraged); B -4. Present & proposed use of the land and buildings 13-5. Existing and proposed topography at two foot 'contour intervals, showing wetlands, streams, surface water bodies, drainage swales, floodplains, and unique natural land features (for intermediate projects the permit granting authority may accept generalized topography instead of requiring contour tines); B-6, cation of parking & loading areas, public & private ways, griveways, walkwas, access & egress points, proposed surfacing r.:: is I r t y y J 13-7. Location and description of all stormwater drainage facilities, (including applicable calculations and drainage public & private utilities, sewage disposal facilities, and water supply; B -8. Existing & proposed landscaping, trees and plantings (size & type of plantings), stone walls, buffers, and fencing B-9. Location, dimensions, height, color, illumination of existing and proposed signs; B -10 Provisions for refuse removal, with facilities for screening of refuse when B -11 An erosion control plan (for major projects only) and other measures taken to CONTINUATION SHEET 9. (Reasons for Special Permit Application) 1. Applicants acted in good faith after obtaining a Special Permit for a Flag Lot under Zoning Regulation Section 16.3 at a meeting of the Northampton Planning Board held July 14, 19138. All work was to conform to the Plan entitled, "Plan of Land in NORTHAMPTON, MASSACHUSETTS Prepared for Peter W. and Jill A. Kelley et als dated July 14, 1988, and filed with the Planning Board on that date. 2. Applicants built a single - family residence in compliance with the above Plan, completed in November of 1989. Applicants obtained a Certificate of occupancy from the office of the Inspector of Buildings for a single - family dwelling /garage dated November 29, 1989. 3. Applicants have been residing in said dwelling since November 29, 1989. 4. At the July 14, 1988 meeting of the Northampton Planning Board, Peter W. Kelley, the applicant, presented a drawing that dealt with the unresolved issues of driveway placement and storm water runoff. Mr. Kelley had every intention of following said drawing. 5. Upon investigation of feasibility of driveway construction, applicants were informed by Chief Lawrence Jones of the Northampton Fire Department that driveway entrance and egress were prohibitively steep for emergency vehicles. 6. Applicants obtained permission from Mr. Kelley's parents, Philip and Alice Kelley to enter and exit their lot from "Old Hatfield Road," an abandoned stagecoach road adjacent to both Mr. Kelley's and his parents' property. The Department of Public Works has determined this road is neither a city or county way and so stated at the Northampton Planning Board meeting of July 14, 1988. (See attached plan and Right of Way) 1. Applicants obtained a Building Permit for a garage on August 1, 1992 and commenced construction shortly thereafter. B. Applicants were informed by the Building superintendent that an amended plot plan must be on file for a Certificate of occupancy to be issued for the garage. 9. The use of the lot bears a positive relation to the public convenience and welfare. 10. There will be no undue adverse geographic concerns relating to fire and police protection as Chief Jones has so stated. 11. This application, if granted, will not be a detriment to the public good and will not nullify or derogate from the intent and purpose of the Zoning Ordinance. 12. The requested use would not unduly impair the integrity or character of the area, nor be detrimental to the health, morals or general welfare. Furthermore, such use would be in harmony with the general purpose and intent of the Zoning Ordinance. eK4144PGO161 00JO74 GRANT OP RICHT Of YAY R nden[urv, made thry day 19 bet...n Philip R. Fell vy and Ali Grantors, and Peter F'. be I ley nd Jill A. ` Kellry, Grantees, whereas, the Grantors sed e( .. e n fee .imp le r, land ties rri bed NamvsLrr+ ty R. grstq if Deeds Book I100� Page )44, +,,1 Book IviN, Faye 104, nd "d . Ili plan xrN It .41cli tlr, , an.. nao :ed 'r c r ad r nId NatH eld . Rood �" slmw n tIl. Fy the dashed y liaes net, point A, .Fe[e Ile oad oPens o Ynrlh ""m, Rood, end paint B, .here the ro at eruases the Je4a n[uski property: whereas :he Grantees sed fee imple Of another parcet of lane deseriDed in xampnhlre C000ty Reg 's4ry Of Deeds Book 3009, Page 03 - ,1: +nd whereas, the Craetors hive asrred, , n runs J.: ration of the s m of $1,00, One Dollar and o to gran[ the Grantees and easement ur light of ay over thi aLa nJ.. n .,., r..J: wi etF, that Pu S e of the said agree meat and i n aideratlon of It" a of $I.00, One D.11, .,td by IFe Cran[ces to the Cr an co e a , ors, the r eip, in, reof c hrr.I, arkn.IrvdyrJ, llre Grantors hereby grants to the Grantees, their F0irs and aseiyus: Pull anJ free right and Iiher,, fur them. eheir ry V li s s in r.. m , th all othu rs a hav ng the r like ighc a[ all s hn alterrb o y ILouc vrhiclas of art; de ript ion, for all dolt es ed s n s Ih the and enjoyment of the aid land of the Gr to pat. OOdr eP+sn alorrg the Oa(d abauJOned .age 1-1 for Ih, purpose of L'oing from rite said No[th Fatal, Road to the I..o..... land, or ,., versa. To hay. and to hold the n right of vay hereby pra ted uutu the Granters, their heirs and as ign-, as appurtenant to the said land of the Grantees. In wlt a `berm[, the Grantors It— here..sto set their hand. and .a its the day and year first .ratcn above. A dt CD k. FBLL' /tid T.v EGS \ \- w\Ge£ < / ( \ ^ i< The foregoi g is tree oopC o l ` ' 1, Book Pag – / L z — I of Ll, a County Registry of Deeds. Date � L � ATTEST: �. "Al ) REGISTER 'Pak City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 5863726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission DECISION OF NORTHAMPTON PLANNING BOARD APPLICANT: PETER W. AND JILL A. KELLEY APPLICANT'S ADDRESS: 533 NORTH FARMS ROAD, FLORENCE OWNER: PETER W. AND JILL A. KELLEY OWNER'S ADDRESS: 533 NORTH FARMS ROAD, FLORENCE RE LAND OR BUILDINGS IN NORTHAMPTON AT: 533 NORTH FARMS ROAD, FLORENCE MAP AND PARCEL NUMBERS: MAP# 7 PARCEL # 48 At a meeting conducted on May 12, 1994, the Northampton Planning Board unanimously voted 9:0 to grant the request of Peter and Jill Kelley for a SPECIAL PERMIT to access a lot over the side lot line, under the provisions of Section 6.12 and Site Plan Approval under the provisions of Section 10.11 of the Northampton Zoning Ordinance at 533 North Farms Road. Planning Board Members present and voting were: Chairman Andrew Crystal, Vice Chairman Daniel Yacuzzo, Bob Riddle, Kenneth Jodrie, Nancy P. Duseau, Dr. Joseph Beauregard, Judith B. Hale, Jody Blatt, Mark NeJame. In Granting a Special Permit for vehicular egress /Access to a Lot, the Planning Board found: 1. The requested use for access over a side lot line is so designated in Section 6.12 of this Ordinance. 2. The requested use bears a positive relationship to public convenience or welfare. 3. The requested use will not create undue traffic congestion or unduly impair pedestrian safety because the use will be for a driveway for a single - family residence. - - - -- 4. The requested use will not overload any public water, -- drainage or sewer system, or any other municipal system to such an extent that the requested use 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 ORIGINAL PRINTED ON RECYCLED PAPER -- the general welfare, because a driveway does not impact on any municipal system. 5. The requested use meets all special regulations set forth in the Zoning ordinance, specifically Section 6.12 - vehicular Egress /Access to a Lot and Common Driveways. 6. The requested use will not unduly impair the integrity or character of the district or adjoining zones, will not be detrimental to the health, morals, or general welfare, and is in harmony with the general purpose and intent of the ordinance because driveway access over the side lot line will be a safer egress and entryway to the residence than the previously proposed site for the driveway which was prohibitively steep for emergency vehicles. in Approving the Site Plan, under Section 10.11 (6), the Planning Board found that the plan submitted with the Special Permit: A. Has provided for the protection of adjoining premises against seriously detrimental uses by providing for: 1. Surface water drainage with the requirement that an engineer shall submit certification that the existing conditions are adequate to protect adjoining premises against seriously detrimental uses by providing for surface water drainage. 2. Sound and sight buffers. 3. Preservation of views, light and air. B. Has provided for the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, minimized traffic impacts on the streets, roads and highways in the area, the location of driveway openings in relation to traffic, access by emergency vehicles, and to adjacent streets and, when necessary, compliance with other regulations for the handicapped, minors and the elderly. C. Has provided for the adequacy of the arrangement of parking and loading spaces in relation to the proposed uses of the premises. D. Has provided for the relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area and compliance with other requirements of the ordinance. E. Has provided for the mitigation of adverse impacts on the City's resources including the effect on the City's water supply and distribution system, sewerage collection and treatment systems, fire protection, and streets. -2- F. Has provided for compliance with the technical performance standards listed below: 1. Curb cuts have been minimized through using existing curb cuts. Conditions imposed upon the project are as follows:- 1. The driveway shall not be blocked off so that others shall continue to have access to the right -of -way. Z. The side lot access shall be the only access allowed. 3 . This special permit shall be subject to a one year review to ascertain if there are any problems with erosion or water run -off. The applicant shall notify all abutters of the review date. C 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 for vehicular egress /Access to a Lot and common Driveways 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 or the Northampton District 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: PETER W. AMD JILL A. KELLEY DECISION DATE: MAY 12, 1994 DECISION FILED WITH THE CITY CLERK: MAY 26, 1994 ra -4- (86 UN7 Y °L' 3 RODS Wl0 ' /6 N LANG OF _ � AIYD OF w = e W � N PHILIP l R. KELLEY GGROONS SWIFT I �o g - 7K: ,4 89, PG. 740B.1938,P194 SK. 1374, PG,.958 3 -a_ 'L �5EE. FLAN BOOK 75,PAGE46- N i5, s 9 NA - 00-e— ' 9 0.0 0 °mow O a 4 O x O J> O O , m ' O U O o� V UM n q� eo �4 w A d q le e 0 ti / 5 / 9 ¢O P as p Fs \q 2 i � I e 0 B B 1 A B R g74 pA PA O pP I r\ v 5 DO se'+, T "'I "17 Pro. "OS F,1U N U fi COUP ED AA ON CEEDS. 'LASS ANC OTHER SOUROER S AND RV AND S N E AECOPDEO ACCURATE TC P[,,i 50.::11,5 3AAR AFC f1R5S' ANLP =CAN TITLE I RES..'CE CONPANY HEREBY REPORT 1MAT HAVE EXAMINE 0 THE PREMISES AND BASED oN E)aS`DsG ON MCNUMENTAIION ALL EASEMENTS, ENCROApIMENTS AND BUILDINGS ARE LOCATED U THE LOT NES, 11 1111 AS NOTE' HO FURTHER REPORT THAT THE ELY RS NOT T LOCATED "TH N A {LppD PRJNf AREA AS SHOMN ON RUERAL FLOOD INSURANCE MAPS FOR :pAWUNI'T i -NOTE - SURVEYOR: ^"?'4' I THIS PUT FOR MORTGAGE LOAN PURPOSES ONLY AND DOES NOT CONSTITUTE A PROPERTY SURVEY M EY� LOAN INSPECiLON PLAI- C9U8 MS �l L 0.EPAR[D FD0. Qp ANO BILL A. KCLLEV Ifs ]ULY 6. 1991 m I2 ATON ANO ASSOGATES, INC. l � ET - HADLE - uASSACHUSETT'. CITY OF NORTHAMPTON SPECIAL PERMIT AND SITE PLAN APPLICATION 1. 2. 3. 4. 5. 6. 7. 8. PERMIT AUTHORITY(IES): ZBA_ Planning Board xx Council_ Applicant Name: Peter W and Jill A K iley Address: 553 North Farms Road, Florence Telephone: 413 /586 -4564 533 Properly Owner: Peter W and Jill A Kellev Address: 539 North Farms Road, Florence Telephone: 413/586 -4564 Status of Applicant:Owner Contract Purchaser Lessee Other (explain) Parcel Identification: Zoning Map #07 Parce1 Zoning District: Street Address: 470 North Farms Road, Florence Special Permit requested under Zoning Ordinance Section F, Pg _ Site Plan is for: Intermediate Project xx or Major Project_ None (only for a Sign)_ t Narrative Description of the Proposed Project (Use additional sheets if necessary): Re- siting of driveway using abandoned stage coach road, Old Hatfield Road, for vehicular egress and entry ' as original riveway si e prove pro 1F1T e y steep for emergency vehicles. �� '1 -- How does project comply with Special Permit criteria: (See Applicant's Guide for criteria -use additional sheets is necessary) RPR rnntir Gh eeh attached hereto 4 10. Site Plan, with any requests for waivers, must be attached. 11. Certified Abutters List from Assessors' Office must be attached. -� 12. 1 certify that I have read the permit criteria and that the information contained herein is true and accurate to the best of my knowledge. I (or the landowner if I am not the landowner) grant the Zoning Board and Planning Board permission to enter the property to review this application. Date:� p b 4/ Signature;\ - ZZL /16) (memor \wp rms4siteplan.b 4/2193) SITE PLAN REQUIREMENTS — OPTIONAL REQUEST FOR WAIVER The application MUST include a site plan and documentation with the following information. Upon written request, the Planning Board may waive the submission of any of the required information, provided that the Applicant provides some written information on each of the items and explains why a waiver is appropriate. For each requested waiver circle the item number and fill in the reason for your request In the space provided. Use additional sheets if necessary. See the Zoning Ordinance for all site plan requirements. B. Site plan (s) at a scale of 1" = 40' showing B -1. Name and address of the owner and the developer, of the project, date and scale of plans, c fS 11 if 7 i B -2. Location and boundaries of the lot, adjacent streets or ways, location and owners names of all adjacent properties and those within 300 feet of the property line, and all zoning district boundaries; B -3. Existing and proposed buildings, setbacks from property lines, building elevations, and all exterior entrances and exits (elevation plans of all exterior facades structures are encouraged); B -4. Present & proposed use of the land and buildings 13-5. Existing and proposed topography at two foot 'contour intervals, showing wetlands, streams, surface water bodies, drainage swales, floodplains, and unique natural land features (for intermediate projects the permit granting authority may accept generalized topography instead of requiring contour tines); B-6, cation of parking & loading areas, public & private ways, griveways, walkwas, access & egress points, proposed surfacing r.:: is I r t y y J 13-7. Location and description of all stormwater drainage facilities, (including applicable calculations and drainage public & private utilities, sewage disposal facilities, and water supply; B -8. Existing & proposed landscaping, trees and plantings (size & type of plantings), stone walls, buffers, and fencing B-9. Location, dimensions, height, color, illumination of existing and proposed signs; B -10 Provisions for refuse removal, with facilities for screening of refuse when B -11 An erosion control plan (for major projects only) and other measures taken to CONTINUATION SHEET 9. (Reasons for Special Permit Application) 1. Applicants acted in good faith after obtaining a Special Permit for a Flag Lot under Zoning Regulation Section 16.3 at a meeting of the Northampton Planning Board held July 14, 19138. All work was to conform to the Plan entitled, "Plan of Land in NORTHAMPTON, MASSACHUSETTS Prepared for Peter W. and Jill A. Kelley et als dated July 14, 1988, and filed with the Planning Board on that date. 2. Applicants built a single - family residence in compliance with the above Plan, completed in November of 1989. Applicants obtained a Certificate of occupancy from the office of the Inspector of Buildings for a single - family dwelling /garage dated November 29, 1989. 3. Applicants have been residing in said dwelling since November 29, 1989. 4. At the July 14, 1988 meeting of the Northampton Planning Board, Peter W. Kelley, the applicant, presented a drawing that dealt with the unresolved issues of driveway placement and storm water runoff. Mr. Kelley had every intention of following said drawing. 5. Upon investigation of feasibility of driveway construction, applicants were informed by Chief Lawrence Jones of the Northampton Fire Department that driveway entrance and egress were prohibitively steep for emergency vehicles. 6. Applicants obtained permission from Mr. Kelley's parents, Philip and Alice Kelley to enter and exit their lot from "Old Hatfield Road," an abandoned stagecoach road adjacent to both Mr. Kelley's and his parents' property. The Department of Public Works has determined this road is neither a city or county way and so stated at the Northampton Planning Board meeting of July 14, 1988. (See attached plan and Right of Way) 1. Applicants obtained a Building Permit for a garage on August 1, 1992 and commenced construction shortly thereafter. B. Applicants were informed by the Building superintendent that an amended plot plan must be on file for a Certificate of occupancy to be issued for the garage. 9. The use of the lot bears a positive relation to the public convenience and welfare. 10. There will be no undue adverse geographic concerns relating to fire and police protection as Chief Jones has so stated. 11. This application, if granted, will not be a detriment to the public good and will not nullify or derogate from the intent and purpose of the Zoning Ordinance. 12. The requested use would not unduly impair the integrity or character of the area, nor be detrimental to the health, morals or general welfare. Furthermore, such use would be in harmony with the general purpose and intent of the Zoning Ordinance. se eK4144PG0161 O0JO74 GRANT OP RICNT Of YAY R nden[urv, male the Jav 19 pet...n Philip R. Re 11 nY and AI I:n Grantors, and Peter B. belley rrd Jill A. Fellry, Grantees, Nh...... the C-11—,; •.l of .. nim l.. r, land tiescri bed NamvaLr rv GnuntJ R. grstq o( Deeds Bo Ile n fee ok NOD Page )G4, and Book IviN, lag. I14, ted mrrkr.d . 11., plan xrN h e •hie' the , an..nd d o :. 'r e r ad r n Id Na tH eld a IOOd �' slmw n I'll plan LY [he dashed g l lines net, A, .here Ile oad oPens o Ynr[h F.'.rm+ Road, end aint B, p .here the ro at eruases the Jeka n[uski property: Whereas :he Grantees sed fee simple of ano Par be of lass described in Nampnn gmu^ty Reg '.try of Deeds Bonk 3019, Page 03il: and whereas, the grauturs have agreed, , n runs lJ.: ration of he [ s m of $I,Do, One Dollar and o to gran[ the Grantees and easement ur tight of ay over the aLa till.. nN s age coal: Ri eth, that u Se P of the said agre n emet nd i ti era aidt... of the a of $I.00, One D.11, pa ra id br the gn[... to the Grantors, the r eip[ r. hr r eo f is s hereby aekna.lydgrd, the Grantors hereby grants to the Grantees, their Fairs and assigns: Pull still free right and Iiherq fur there. ¢heir -nd 1 . in u. n th all othy rs bav a ng the r like iRht at all a be alter, m rb o ou y 14t v. .s hi rl tf any de [i pt ion, for all purpooes ed [ o s Ih the and nl.y.es, of the aid land of the Gr to pass andr ¢Pass sins, the said 4bap110 ned sage rosy for th, purpose of going from the said North Farms Read in the Gfau[e.. land, or ,., —, To have and to hold the n right of vay hereby granted uutu the Grantees, their heirs and as ign.., as appurt em nt to the said land of the Grantees. In vt . vhereef, the Grantors ha.e h.rea.nto set [hear hand. and .a a,. the der and rear first .r.tten above. A dt CD k. RBLL' /tid T.v EGS \ \- w\Ge£ < / ( \ ^ i< The foregoi g is tree oopC o :" ` ' 1, Book Pag — / L z — I of Ll, a County Registry of Deeds. Date � L � ATTEST: �. "Al ) REGISTER 2 - -) �. ill, ,� P.6 City of Northampton, Massachusetts Of . Planning and Development r { , City y H all l .210 Main Street P,/ / X \ Northampton, MA 01060 . (413) 586 -6950 . Community and Economic Development . Conservation. Historic Preservation . Planning Board. Zoning Board of Appeals DATE: July 14, 1988 Certificate of Granting of Variance or Special Permit (General Laws, Chapter 40A, Section 11) THE PLANNING BOARD OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT A VARIANCE AND/OR SPECIAL PERMIT HAS BEEN GRANTED TO: Peter W. and Jill A. Kelley ADDRESS: 470 North Farms Road CITY: Florence, MA 01060 AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR BUILDINGS AT: And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said variance -- special permit, and that copies of said decision, and all plans referred to in the decision, have been filed with the Planning Board and the City Clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no variance or 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 in the Office of the City Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index 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. If the rights of a Variance granted under the provisions of Section 10, Chapter 40A, M.G.L. are not exercised within one year of the date of the grant of such variance, they shall lapse and may be reestablished only after notice and a new hearing pursuant to Section 10, Chapter 40A, M.G.L. �. v� U �� Nancy PV Duseau, Chair Robert J. Pascucci, Secretary Northampton Planning Board July 14, 1988 Meeting Page Two 3) We have no indication of when the work will be done. A completion deadline of November 1, 1988 was imposed, and the Secretary was instructed to so notify Beaudry. J. Arnould seconded. G. Andrikidis suggested we refuse to release the funds, and ask Beaudry when they plan to do the work, and allow them one month. A. Crystal amended his motion to agree with Mr. Andrikidis' suggestion, J. Arnould seconded, and the motion passed unanimously. 4. A letter from Millbank II Associates requesting approval to change the name of "Pound Lane" to " Millbank Lane." A letter from Fire Chief Driscoll recommending approval was submitted. A letter from the DPW was submitted, saying they had no objection to the name change. J. Beauregard moved to approve the name change, E. J. Care seconded, and the motion passed unanimously. 5. A letter from Arty. Thomas P. Nagle, Jr. requesting a negotiated fee on the Application of the developers of "Sawmill Hills" to amend their approved Definitive Subdivision Plan. The DPW wrote that they felt the regular Application fee could be waived for a fee of $100. E. J. Care asked if we have ever waived fees before, and L. Smith replied, "NO, but this is so minor, the regular fee of $1,500 is not appropriate," J. Beauregard moved we waive the fee, except for $100. J. Arnould seconded, and the motion passed unanimously, except for Mr. Care. 7:55 P. m. CONTINUATION OF THE PUBLIC HEARING on the Application of Peter and Jill Kelley for a Special Permit under the Provisions of Section 6.13 of the Northampton Zoning Ordinance to allow construction of a single - family dwelling on a flag lot. At the June 23rd meeting, the unresolved issues were the status of "Old Hatfield Road," and the fact the drawing submitted by the Applicants did not show a driveway, and did not show how storm water runoff would be handled. Since then, the DPW has reported i that Old Hatfield Road is not a city or a county road, and Mr. Kelley is present tonight with a drawing that deals with the driveway and runoff issues. Mr. Smith pointed out the five criteria that must be met for a Special Permit to be granted, and suggested that one condition be made a part of the Board's Decision: "All work shall conform to the Plan entitled, "Plan of Land in NORTHAMPTON, MASSACHUSETTS Prepared for PETER W. AND JILL A. KELLEY ET ALS" dated July 14, 1988." Ch. Duseau closed the t Public Hearing, and E. J. Care moved to allow the Special Permit with the Condition added. J. Beauregard seconded, and the motion passed unanimously. 800 P. M. CONTINUATION OF THE PUBLIC HEARING on the Application of Christenson - Howard for a Special Permit under the Provisions of Section 6.12 to build a common driveway across a wetland to CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Paul Hadsel, Director, Northampton DPW FROM Lawrence B. Smith, Senior Planner SUBJECT: Kelley Flag Lot Request DATE: June 22, 1988 FILE: Attached please find the Special Permit request of Peter and Jill Kelley for the creation of a "Flag Lot" on their property off of the easterly side of North Farms Road. The Planning Board would appreciate your comments and recommendations on this application including but not limited to the following issues: - adequacy for a curb cut and ingress /egress to the lot from the proposed frontage, - status and ownership of Old Hatfield Road (is it part of the Kelley's parcel). Should you require additional information please don;'t hesitate to contact me. Northampton Planning Board June 23, 1988 Meeting Page One The Planning Board of the City of Northampton met on Thursday, June 23, 1988 in Council Chambers, Wallace j. Puchalski Municipal Building, Northampton, MA. Present' were Chair N. Duseau, J. Arnould, J. Beauregard, E. J. Gare, Jr. , ' Hale, M. Mendelson, and L. B. Smith, Senior Planner. Ch. Duseau called the meeting to order at 7:05 p. m. MINUTES: E. Gare moved to accept without reading, the minutes of the June 9, 1988 meeting, J. Arnould seconded. M. Mendelson suggested a correction in the last full paragraph on Page Six, where the Secretary. left out a nuance at the end of the first sentence. ,' The Secretary responded in writing to M. Mendelson on June' 24th. CORRESPONDENt'E: A letter from Mr. Hathaway on his Heritage Hill SubdivisipE, requesting relief from a parking area requirement at the foo ,'of a grade, because the grade turned out to be less than 7 %. Andrikidis of the DPW recommended the restriction be liftV. E. Gare so moved, J. Beauregard seconded, and the motion . pass Ed unanimously. PUBLIC HEARINGS At 7:10 p. m., the Public Hearing was opened on the Application of Peter and Jill Kelley for a Special Permit under the Provisions of Section 6.13 of the Zoning Ordinance of the City of Northampton to allow construction of a single - family dwelling on a flag lot on North Farms Road. The lot in question was formerly under common ownership with another lot in the Kelley family. All parties assumed this was a legal building lot, an assumption that was reinforced when abutter Swift built a home on a similar sized lot with identical frontage. The Swift lot, however, was grandfathered; this lot was under common ownership with another family -owned lot and therefore did not have "grandfather" status. Applicants have invested a great deal in land clearing and an artesian well. There was no negative discussion relative to the specific application for a Special Permit to build on a flag lot. L. Smith said another Special Permit was needed for access to the lot over a lot line other than the front lot line. Further, he felt the DPW and the Assistant City Solicitor should give an opinion on the status of Old Hatfield Road, "an ancient way no longer used for public travel." Further, the submitted drawing does not show a driveway, nor does it show how storm water runoff would be handled. Mr. Kelley presented a letter from the Fire Department approving his driveway. M. Mendelson moved the Public Hearing be continued to July 14th, allowing time to hear from the DPW and Miss Fallon, and for the Applicant to make the requested changes /additions to his drawing. E. Gare seconded and the Northampton Planning Board i June 23, 1988 Meeting Page Two motion passed unanimously. At 7:20 p. m., the Public Hearing was opened on the Applica on of Christensen - Howard for a Special Permit under the ProvjO1Ons of Section 6.12 of the Northampton Zoning Ordinance to build a common driveway across a wetland to serve seven buildinq:^dots on the North side of Turkey Hill Road. Mr. ChristensenAnd Peter Wells of Berkshire Design Group were present. The 38,4'cre parcel upon which lots 1 -7 are situated contains a large amount of wetland. The reason for this application is to hare one common driveway cross the stream, via a bridge, rather:,han have seven driveways cross the stream. This would be an.18' wide gravel driveway with all grades less than 7 %. :'The Conservation Commission has inspected the site. The reason for the request, according to Mr. Christensen, is to minimize impact on the stream, wetlands and wildlife. Ch. Duseau read a letter dated May 24, 1988 from the DPW, which is attached hereto and made a part of this record. The DPW had no; comments on the bridge, since the submitted plan bore the stamp of a registered engineer. Asst. Fire Chief Passa said the bridge must be capable of supporting 18 tons, and the driveway 25 tons. The Fire Department would bring its own water, but would prefer a fire pond on the site. There was a bit of discussion on turnarounds for fire equipment, and Mr. Christensen said he would put in whatever the Fire Department wanted. A rambling discussion ensued concerning the lengths of the private driveways, and whether or not they were capable of supporting 25 tons. That was Mr. Passa's request, but E. Gare felt it was an unfair request unless all driveways in the 'city had to meet that requirement. G. Andrikidis felt that the construction of the private driveways was beyond the purview of the DPW and the Planning Board. He said the DPW would control the construction of the common driveway, and Mr. Wells said they would adhere to the 25 -ton standard for the private driveways as well. Public comment was called for, and Steve Kunda, 26 Sylvester Road commented that, "This is being treated as a mere driveway, but there are only 12 homes on Turkey Hill Road now, and these seven are an increase of over 50 °s." Anthony Stefan 92 Turkey Hill Road commented that Turkey Hill Road is only as wide as a driveway, and two cars can't pass. L. Smith commented that that is not an issue - -the Applicants have the frontage and can build seven homes. John Riley 88 Turkey Hill Road asked Mr. Christensen if more development is planned on the 38 acre tract. Mr. Christensen said, "Not at this time - -we are still scratching our heads." He added that anything further would require Conservation Commission approval because of the wetlands. Ch. Duseau asked the Applicant if he could "get all the answers, Ct, -. _` CITY OFNORTHAMPTO:, �'°°` �`� r. ZONPNG PERMIT APPLICATION i r l ax Map No Lot ? - 1 1 Zoning Ordinance Section 10.2 Received: File No. Plan File Owner Peter W. & Jill A. Kelley Applicant "Peter W. & Jill A. Kelley Address 470 N. Farms Road, Florence Address 470. N. Farms Road, Florence Telephone 413 -586 -4564 Telephone 413 -586 -4564 This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations: (Z.O. ARTICLE VII Zoning District Use Lot Area Front I Width Depth Setbacks Max. Bld. Cover Min. Op. Space Front Side Rear Past Existing 140, 00d 175 200 40 20 50 15 `% 80 Present Proposed i X 80, 00 50 - 80 40 100 10 % 85 % Mark the appropriate box to indicate the use of the parcel: C Non - Conforming Lot and /or Structure. Specify Fla lot b special permit issued y the ZB F9 Residential El Single Family Unit ❑Multi- Family C Duplex ❑ Other C Business C Individual C Institutional G Regular C P,U.D. ❑ Subdivision C Cluster C Other C Subdivision with "Approval- Not - Required " - Stamp: =T .Planning Board Approval: C Zoning Board Approval (Special Permit 10.9: Variance) C City Counc (Sp Excep S, 10,10) Watershed Protection District Overlay: (Z,O, Sect. XIV) ❑ Yes Lx No Parking Space Requirements: (Z,O. Sect. 8.1) Required no Proposed Signs: (Z.O. Art. VII) C Yes f No Environmental Performance Stan dards: (Z.O. Art. XII) C Yes y] No Plot Plan C Yes ❑ No (S. 10,2) This section for OFFICIAL use only: C Approval as presented: - 1 Modifications necessary for approval: C Return: (More Information needed) Denial: Reasons: "�C�t7i r1 ,' Site Plan Kl Yes filed C No IS. 10.2and 10.11 herewith Waiver Granted: Date ❑ iii /��4i� ✓�[� /. Signature of Applicant j Date Signature of Admin. Officer Date Do Not Write In These Spaces Recd. B.I. Creel Application Number: Filed Fee Pd. Recd. ZBA Maps) Parcel (s) e Dale av Da e wie m _ : oa e ay wie APPLICATION TO THE CITY OF NORTHAMPTON Z4NIiVPA#t�B€YCLS: L Name of Applicant Peter W. & Jill A. Kell Address 470 North Farms Road, Florence MA 01060 2. Owner of Property Peter W. & Jill A. Kelley Address 470 North Farms Road, Florence MA 01060 3. Applicant is: LxOwnerrt ;Contract Purchaser; — ,Lessee; - Tenant in Possession. 4. Application is made for: VARIANCE from the provisions of City of Northampton. of the Zoning Ordinance of the z )SPECIAL PERMIT under the provisions of Section 6.13 page of the Zoning Ordinance of the City of Northampton, as amended. - OTHER: 5. Location of Property North Farms Road, Florence, MA being situated on the Easterly side of North Farms Road 34mofi and shown on the Assessors' Maps.. Sheet No. 7 (seven) Parcels) 49 (frentaaa parcel) 6. Zone RR 48 (abutting . rear parcel) 7. Description of proposed work and/or use; single family reEidpnfjaj dwelli with attached garage. 8. (a) Sketch plan attached; ❑Yes ❑No (b) Site plan: k.Attched -Not Required 9. Set forth reasons upon which application is based: see continuation sheet attached hereto 10. Abutters (see instructions; list on reverse side of form). 12. 1 hereby certify that information contained herein is true to the faest of my knowledge. Date April 'yam 1988 A pplicant's Signature � n q rti Lv CONTINUATION SHEET (Reasons for Special Permit Application) Applicants acted in good faith, upon the reasonable belief that they had a "legal" building lot in all respects, as deeded them by Peter's father and mother, Philip and Alice Kelley. The applicants had a valid, municipally approved perc and understood that the lot in question was "ancestored" or "grandfathered" in, as a legitimate building lot. It was always the parents' understanding that they owned a legal lot. This became even more evident to the Applicants when a home was built by the Swift family on a neighboring lot of the same size, originating from a common source. Both lots were the same size and thus they expected no problem in securing a building permit. Unknown to the Applicants, however, was the concept of "common ownership" or "merger ", which effectively removed the lot in question from "grandfather" status since it was held in the same record ownership as the lot retained by Philip and Alice Kelley, grantors to the Applicants Believing they would have no problem securing a building permit, the Applicants installed an artesian well on the subject lot and began to clear the land. The Applicants have invested a great deal of time, labor and money in the artesian well and land clearing. Their families and friends have also expended much time and energy on the project. The Applicants have also incurred perc, engineering, surveying and legal fees. The inability to build their home on the lot in question would be a severe hardship to them, resulting in both material losses of time and money, and in the emotional loss of a family building lot. _1 .1 3. The Applicants wish to build a single - family residence for their own use only and not for speculation. Peter Kelley's parents and brother live in homes abutting the subject premises and existing directly across the road, respectively, and the Applicants' ability to live nearby would help promote the common work projects the three families so often engage in to help one another. 4. The Applicants were deeded the building lot by Peter's parents as a reflection of their love and affection for their son and daughter -in -law, without monetary consideration. Applicants would not be able to afford to build on another lot commanding today's high prices. The only way their building project is feasible is by virtue of the deed from the parents. 5. The lot would have its own private septic and water systems and thus would not overload any public water, drainage, sewer or other municipal system. 6. The anticipated use would not create undue traffic congestion or unduly impair pedestrian safety. 7. The requested use bears a positive relationship to the public convenience and welfare. 8. The access driveway requirements can easily be satisfied in light of the configuration of the building lot. 9. There will be no undue adverse geographic concerns relating to fire and police protection if the application were granted. 10. All other requirements for Flag Lots have been satisfied in all respects. 11. This application, if granted, will not be a detriment to the public good and will not nullify or derogate from the intent and purpose of the Zoning Ordinance. 12. The requested use would not unduly impair the integrity or character of the area, nor be detrimental to the health, morals or general welfare. Furthermore, such use would be in harmony with the general purpose and intent of the Zoning Ordinance. 0A�'� � FORM A . t:;w;,, AFPLICAT70:: FOR Li;DOR E?L= T '!}' if.:: c.EL]t V71, ;;0_' 7'0 5E. >UIRL APPROVAL e File onc: cc:,pleto,, form with the Planning Board and ore cop; with the City Clerk in accordance with with require;nents of Section 3.02. To the Planning Board: The undersigned, believing that the accompanying plan of his property in the City of Northampton does not constitute division within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. Perme W. K&A.a 1. Applicant :jj� 9 i 1._. or .- -. tyre y - -- Pri type namp -- Signature 2, Owner 9ddress Print or type name Signature -- - -- ----- Address 3. Surveyor ❑ L_ Eaton & A,9, lnc rrint or type name Signature 9 Sunrise llrive, 1Ladle Ma 010 }5 Address - 4. Deed or property recorded in _J4 Registry, Boot: -- —` - -- -_ . -- - -"age - ---`.d 2 — 5. Location and Description 01 Property: Tax "t '7 Ld+-s 41?+ y9 NORTH {ARMS RA . Roawce. M?1 Date of Submission nn. City Cierl� 33 'Pak City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 5863726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission DECISION OF NORTHAMPTON PLANNING BOARD APPLICANT: PETER W. AND JILL A. KELLEY APPLICANT'S ADDRESS: 533 NORTH FARMS ROAD, FLORENCE OWNER: PETER W. AND JILL A. KELLEY OWNER'S ADDRESS: 533 NORTH FARMS ROAD, FLORENCE RE LAND OR BUILDINGS IN NORTHAMPTON AT: 533 NORTH FARMS ROAD, FLORENCE MAP AND PARCEL NUMBERS: MAP# 7 PARCEL # 48 At a meeting conducted on May 12, 1994, the Northampton Planning Board unanimously voted 9:0 to grant the request of Peter and Jill Kelley for a SPECIAL PERMIT to access a lot over the side lot line, under the provisions of Section 6.12 and Site Plan Approval under the provisions of Section 10.11 of the Northampton Zoning Ordinance at 533 North Farms Road. Planning Board Members present and voting were: Chairman Andrew Crystal, Vice Chairman Daniel Yacuzzo, Bob Riddle, Kenneth Jodrie, Nancy P. Duseau, Dr. Joseph Beauregard, Judith B. Hale, Jody Blatt, Mark NeJame. In Granting a Special Permit for vehicular egress /Access to a Lot, the Planning Board found: 1. The requested use for access over a side lot line is so designated in Section 6.12 of this Ordinance. 2. The requested use bears a positive relationship to public convenience or welfare. 3. The requested use will not create undue traffic congestion or unduly impair pedestrian safety because the use will be for a driveway for a single - family residence. - - - -- 4. The requested use will not overload any public water, -- drainage or sewer system, or any other municipal system to such an extent that the requested use 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 ORIGINAL PRINTED ON RECYCLED PAPER -- the general welfare, because a driveway does not impact on any municipal system. 5. The requested use meets all special regulations set forth in the Zoning ordinance, specifically Section 6.12 - vehicular Egress /Access to a Lot and Common Driveways. 6. The requested use will not unduly impair the integrity or character of the district or adjoining zones, will not be detrimental to the health, morals, or general welfare, and is in harmony with the general purpose and intent of the ordinance because driveway access over the side lot line will be a safer egress and entryway to the residence than the previously proposed site for the driveway which was prohibitively steep for emergency vehicles. in Approving the Site Plan, under Section 10.11 (6), the Planning Board found that the plan submitted with the Special Permit: A. Has provided for the protection of adjoining premises against seriously detrimental uses by providing for: 1. Surface water drainage with the requirement that an engineer shall submit certification that the existing conditions are adequate to protect adjoining premises against seriously detrimental uses by providing for surface water drainage. 2. Sound and sight buffers. 3. Preservation of views, light and air. B. Has provided for the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, minimized traffic impacts on the streets, roads and highways in the area, the location of driveway openings in relation to traffic, access by emergency vehicles, and to adjacent streets and, when necessary, compliance with other regulations for the handicapped, minors and the elderly. C. Has provided for the adequacy of the arrangement of parking and loading spaces in relation to the proposed uses of the premises. D. Has provided for the relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area and compliance with other requirements of the ordinance. E. Has provided for the mitigation of adverse impacts on the City's resources including the effect on the City's water supply and distribution system, sewerage collection and treatment systems, fire protection, and streets. -2- F. Has provided for compliance with the technical performance standards listed below: 1. Curb cuts have been minimized through using existing curb cuts. Conditions imposed upon the project are as follows:- 1. The driveway shall not be blocked off so that others shall continue to have access to the right -of -way. Z. The side lot access shall be the only access allowed. 3 . This special permit shall be subject to a one year review to ascertain if there are any problems with erosion or water run -off. The applicant shall notify all abutters of the review date. C 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 for vehicular egress /Access to a Lot and common Driveways 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 or the Northampton District 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: PETER W. AMD JILL A. KELLEY DECISION DATE: MAY 12, 1994 DECISION FILED WITH THE CITY CLERK: MAY 26, 1994 ra -4- (86 UN7 Y °L' 3 RODS Wl0 ' /6 N LANG OF _ � AIYD OF w = e W � N PHILIP l R. KELLEY GGROONS SWIFT I �o g - 7K: ,4 89, PG. 740B.1938,P194 SK. 1374, PG,.958 3 -a_ 'L �5EE. FLAN BOOK 75,PAGE46- N i5, s 9 NA - 00-e— ' 9 0.0 0 °mow O a 4 O x O J> O O , m ' O U O o� V UM n q� eo �4 w A d q le e 0 ti / 5 / 9 ¢O P as p Fs \q 2 i � I e 0 B B 1 A B R g74 pA PA O pP I r\ v 5 DO se'+, T "'I "17 Pro. "OS F,1U iN LA IS cpuF ED LA CU CEEDS. 'LASS ANJ OINER SOUROER S AND RV AND S N E AECOPDEO ACCURATE TC P[,,i 51::11,5 3AAR AFC f1R5S' ANLP =CAN TITLE I RES..'CE CONPANY HEREBY REPORT 1MAT HAVE EXAMINE 0 THE PREMISES AND BASED oN E)aS`DsG ON MCNUMENTAIION ALL EASEMENTS, ENCROApIMENTS AND BUILDINGS ARE LOCATED LI THE LOT ES, 11 1111 AS NOTE' HO FURTHER REPORT THAT THE ELY RS NOT T LOCATED "TH IN A {LppD PRJNf AREA AS SHOMN ON RUERAL FLOOD INSURANCE MAPS FOR :pAWUNI'T i -NOTE - SURVEYOR: ^"?'4' I THIS PUT FOR MORTGAGE LOAN PURPOSES ONLY AND DOES NOT CONSTITUTE A PROPERTY SURVEY M EY� LOAN INSPECiLON PLAI- C9U8 MS �l L 0.EPAR[D FD0. Qp ANO BILL A. KCLLEV Ifs ]ULY 6. 1991 m I2 ATON ANO ASSOGATES, INC. l � ET - HADLE - uASSACHUSETT'. CITY OF NORTHAMPTON SPECIAL PERMIT AND SITE PLAN APPLICATION 1. 2. 3. 4. 5. 6. 7. 8. PERMIT AUTHORITY(IES): ZBA_ Planning Board xx Council_ Applicant Name: Peter W and Jill A K iley Address: 553 North Farms Road, Florence Telephone: 413 /586 -4564 533 Property Owner: Peter W and Jill A Kellev Address: 539 North Farms Road, Florence Telephone: 413/586 -4564 Status of Applicant:Owner Contract Purchaser Lessee Other (explain) Parcel Identification: Zoning Map #07 Parce1 Zoning District: Street Address: 470 North Farms Road, Florence Special Permit requested under Zoning Ordinance Section F, Pg _ Site Plan is for: Intermediate Project xx or Major Project_ None (only for a Sign)_ t Narrative Description of the Proposed Project (Use additional sheets If necessary): Re- siting of driveway using abandoned stage coach road, Old Hatfield Road, for vehicular egress and entry ' as original riveway site proved pro i717!ve y steep for emergency vehicles. �� '1 -- How does project comply with Special Permit criteria: (See Applicant's Guide for criteria -use additional sheets is necessary) qpp rnntAn cheep attached hereto 4 10. Site Plan, with any requests for waivers, must be attached. 11. Certified Abutters List from Assessors' Office must be attached. -� 12. 1 certify that I have read the permit criteria and that the information contained herein is true and accurate to the best of my knowledge. I (or the landowner if I am not the landowner) grant the Zoning Board and Planning Board permission to enter the property to review this application. Date:_�APPlicant's Signature;\ - ZZL /16) (memor \wp rms\si,plan.pb 4/2193) CONTINUATION SHEET 9. (Reasons for Special Permit Application) 1. Applicants acted in good faith after obtaining a Special Permit for a Flag Lot under Zoning Regulation Section 16.3 at a meeting of the Northampton Planning Board held July 14, 19138. All work was to conform to the Plan entitled, "Plan of Land in NORTHAMPTON, MASSACHUSETTS Prepared for Peter W. and Jill A. Kelley et als dated July 14, 1988, and filed with the Planning Board on that date. 2. Applicants built a single - family residence in compliance with the above Plan, completed in November of 1989. Applicants obtained a Certificate of occupancy from the office of the Inspector of Buildings for a single - family dwelling /garage dated November 29, 1989. 3. Applicants have been residing in said dwelling since November 29, 1989. 4. At the July 14, 1988 meeting of the Northampton Planning Board, Peter W. Kelley, the applicant, presented a drawing that dealt with the unresolved issues of driveway placement and storm water runoff. Mr. Kelley had every intention of following said drawing. 5. Upon investigation of feasibility of driveway construction, applicants were informed by Chief Lawrence Jones of the Northampton Fire Department that driveway entrance and egress were prohibitively steep for emergency vehicles. 6. Applicants obtained permission from Mr. Kelley's parents, Philip and Alice Kelley to enter and exit their lot from "Old Hatfield Road," an abandoned stagecoach road adjacent to both Mr. Kelley's and his parents' property. The Department of Public Works has determined this road is neither a city or county way and so stated at the Northampton Planning Board meeting of July 14, 1988. (See attached plan and Right of Way) 1. Applicants obtained a Building Permit for a garage on August 1, 1992 and commenced construction shortly thereafter. B. Applicants were informed by the Building superintendent that an amended plot plan must be on file for a Certificate of occupancy to be issued for the garage. 9. The use of the lot bears a positive relation to the public convenience and welfare. 10. There will be no undue adverse geographic concerns relating to fire and police protection as Chief Jones has so stated. 11. This application, if granted, will not be a detriment to the public good and will not nullify or derogate from the intent and purpose of the Zoning ordinance. 12. The requested use would not unduly impair the integrity or character of the area, nor be detrimental to the health, morals or general welfare. Furthermore, such use would be in harmony with the general purpose and intent of the Zoning ordinance. eK4144PGO161 00JO74 GRANT OP RICHT Of YAY R ndentu n', made the Jav 19 bet ... n Philip R. Fen ny and Al i.r Lran[orz, and Peter F\ Fel ley nd Jill A. ` Kellry, Grantees, Nb...... ra the Gntors eeI of .. n fee si my l.. „ land ties cIibed NamvvLrr+ Lnun ty R. grstq o( Book NOD Page )G4, aed Book IviN, Iage In4, ohd marked r for plan " he be .1 t , , rt. dashed 'r e r ad r old Nat H e aRh .ad sl n tLr plan by [M1e dasheU lin ., 6, Point A, ahead [M1e as he -' e k o Ynr[h F.— Rm d, end point B, where the road trusses [M1e l�anwski property: whereas :he Grantees sed fee simple of [other parcet of lino desrribed in xampr.h Goouty Rrg 'shay of Deeds Book 3019, Page 03i1: and Rbereaa, the Grantors have , agreed, n runs d.: ration of the s m of $1,00, one Dollar slid no a t. gran[ the Grantees and easement uc right of ay over theseid alas. -ed .,., r..J: Ri eth, Ilia[ u rsr P of the said agreent a a!deratlhn of the a of $!.00, One Dollar, me paid by the G—ol... to the Grantors, the receipt r.hr , reof c h—by acknau leJgrd, the Grantors hereby grants to the Grantees, their heirs and assigns: Pull anJ free right and Iiher,, fur tMm. Their tenant, - nd li r.. s m in n th all otlle rs having the a like i.ht at all a be a(trr, - It it a I es four vn hi cl of any description, for a!1 purpohes ed with the n ad nloy.ccI of the aid land of the Gr to Pass and_,, along IM1e aaId a has JOned di n gs r ad for It. going of oing from the said North Fafms Read to the Its uteri land, or vtu err — To M1ay. and to !ruld the e-creir-I Or right of say hereby granted unto the Lranlrrz, their hrtrs acrd as ign appurtenant to the said land of the Grantees. In vlt s vberehf, the Grantors h- 1-r-1. set their hands and .e its the day and year first .ritte, above. A dt CE k. FELL' /tid T.v EGS Is \ \- w\Ge£ < / ( \ ^ i< CITY OF NORTHAMPTO:, s " : J' ZONYNG PERMIT APPLICATION i r 5 bq48 lax Map No - Lot ? - '1 Zoning Ordinance Section 10.2 Received: File No. Plan File owner Peter W. & Jill A. Kelley Applicant 'Peter W. & Jill A. Kelley Address 470 N. Farms Road, Florence Address 470. N. Farms Road, Florence Telephone 413 -586 -4564 Telephone 413 -586 -4564 This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations: (Z.O. ARTICLE VII Zoning District Use Lot Area Front I Width Depth Setbacks Max. Bid. Cover Min. Op. Space Front Side Rear Past Existing 140, 00q 175 200 40 20 50 i 15 `% 80 Present Proposed i X 80, 00 50 - 80 40 100 10 % 85 % Mark the appropriate box to indicate the use of the parcel: C Non - Conforming Lot and /or Structure. Specify Fla lot b special permit issued y the F9 Residential tl Single Family Unit ❑Multi- Family C Duplex ❑ Other C Business C Individual C Institutional G Regular C P,U.D. ❑ Subdivision C Cluster C Other C Subdivision with "Approval- Not - Required " - Stamp: =T .Planning Board Approval: C Zoning Board Approval (Special Permit 10.9: Variance) C City Council (Sp E xcep t ion S, 10,10) Watershed Protection District Overlay: (Z,O, Sect. XIV) ❑ Yes Lx No Parking Space Requirements: (Z,O. Sect. 8.1) Required no Proposed Signs: (Z.O. Art. Vlq C Yes f No E nvironmental Performance Stan dards: (Z.O. Art. XII) C Yes y] No Plot Plan C Yes ❑ No (S. 10,2) This section for OFFICIAL use only: C Approval as presented: - 1 Modifications necessary for approval: C Return: (More Information needed) 4 Denial: Reasons: Site Plan ®Yes filed 0 N (S. 10.2 and 10.11 herewith Waiver Granted: Date ❑ Signature of Applicant j Date Signature of Admin. Officer t % + Date Do Not Write In These Spaces Application Number: Redd. B 1. Checked Filed Fee Pd. Recd. ZBA Mao(s) Parcel (s) e Dale av oae wie m_, om a wie APPLICATION IS HE MADE TO TH E CITY OF NORTHA M PTON Z L Name of Applicant Peter W. & Jill A. Ke 11 e Address 470 North Farms Road, Florence MA 01060 2. Owner of Property Peter W. & Jill A. Kelley Address 470 North Farms Road, Florence MA 01060 3. Applicant is LxOwner; 7Contract Purchaser; - Lessee; = Tenant in Possession. 4. Application is made for: VARIANCE from the provisions of City of Northampton. of the Zoning Ordinance of the z)�SPECIAL PERMIT under the provisions of Section 6. 13 page of the Zoning Ordinance of the City of Northampton, as amended. - OTHER: 5. Location of Property North Farms Road, Florence, MA being situated on the Easterly side of North Farms Road 11MM and shown on the Assessors' Maps.. Sheet No. 7 (seven) Parcels) 49 (frnntaaa parcel) 6. Zone RR 48 (abutting . rear parcel) 7. Description of proposed work and/or use; single family reEid t; 1 dwelli with attached garage. 8. (a) Sketch plan attached; OYes ENO (b) Siteplan: k.Attched ,"'Not Required 9. Set forth reasons upon which application is based: see continuation sheet attached hereto 10. Abutters (see instructions, list on reverse side of form). 12. 1 hereby certify that information contained herein is true to the thest of my know r ledge. �� April 'yj , 1988 I 1 i Date L - -- A pplicant's Signature "��.1 �) y:L rti �� CONTINUATION SHEET (Reasons for Special Permit Application) Applicants acted in good faith, upon the reasonable belief that they had a "legal" building lot in all respects, as deeded them by Peter's father and mother, Philip and Alice Kelley. The applicants had a valid, municipally approved perc and understood that the lot in question was "ancestored" or "grandfathered" in, as a legitimate building lot. It was always the parents' understanding that they owned a legal lot. This became even more evident to the Applicants when a home was built by the Swift family on a neighboring lot of the same size, originating from a common source. Both lots were the same size and thus they expected no problem in securing a building permit. Unknown to the Applicants, however, was the concept of "common ownership" or "merger ", which effectively removed the lot in question from "grandfather" status since it was held in the same record ownership as the lot retained by Philip and Alice Kelley, grantors to the Applicants Believing they would have no problem securing a building permit, the Applicants installed an artesian well on the subject lot and began to clear the land. The Applicants have invested a great deal of time, labor and money in the artesian well and land clearing. Their families and friends have also expended much time and energy on the project. The Applicants have also incurred perc, engineering, surveying and legal fees. The inability to build their home on the lot in question would be a severe hardship to them, resulting in both material losses of time and money, and in the emotional loss of a family building lot. _1 .1 3. The Applicants wish to build a single - family residence for their own use only and not for speculation. Peter Kelley's parents and brother live in homes abutting the subject premises and existing directly across the road, respectively, and the Applicants' ability to live nearby would help promote the common work projects the three families so often engage in to help one another. 4. The Applicants were deeded the building lot by Peter's parents as a reflection of their love and affection for their son and daughter -in -law, without monetary consideration. Applicants would not be able to afford to build on another lot commanding today's high prices. The only way their building project is feasible is by virtue of the deed from the parents, 5. The lot would have its own private septic and water systems and thus would not overload any public water, drainage, sewer or other municipal system. 6. The anticipated use would not create undue traffic congestion or unduly impair pedestrian safety. 7. The requested use bears a positive relationship to the public convenience and welfare. 8. The access driveway requirements can easily be satisfied in light of the configuration of the building lot. 9. There will be no undue adverse geographic concerns relating to fire and police protection if the application were granted. 10. All other requirements for Flag Lots have been satisfied in all respects. 11. This application, if granted, will not be a detriment to the public good and will not nullify or derogate from the intent and purpose of the Zoning Ordinance. 12. The requested use would not unduly impair the integrity or character of the area, nor be detrimental to the health, morals or general welfare. Furthermore, such use would be in harmony with the general purpose and intent of the Zoning Ordinance. 0A�'� � FORM A WL`RTHf,K ?TCf1, AfPL1CATTO!: FOR EirDO R EfQ :T ::0'i' TO RE>LiIi.L A?PRCVAL e P 13 one cc- ,plete,, fora with the Planning Board and ore cop;; with the City Clerk in accordance with with requirements of Section 3.02. To the Planning Board: The undersigned, believing that the accompanying plan of his property in the City of Northampton does not constitute division within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. Perva w. Kau ay 1. Applicant_ _ a Ke��a - -- -I-int or type }ramp -- Signature Address 2, Owner Print or type name Signature -- - -- ---- -- Address 3. Surveyor p L. Eaton & As lnc LI��2 ?Tint, or type name Signature 9 Sunrise llrive, 1Ladle M. 010 }5 Address 4. Deed or property recorded in _J4 4,rAe�i i Registry, Boot: -- -``� -- --- -'- - -} age --- `.daz! — 5. Location and Deeeription of Property: Tax "t '7 Ld+-s 41?+ y9 NORTH {ARMS RA . Roawce. MM Date of Submission nn.. City C'ierl� -, Sig ure 33 DECISION OF NORTHAMPTON PLANNING BOARD At a meeting held on July 14, 1988, the Northampton Planning Board voted unanimously to GRANT the request of Peter W. and Jill A. Kelley for a Special Permit under the Provisions of Section 6.13 of the Northampton Zoning Ordinance to allow construction of a one - family dwelling on a Flag Lot located on the Easterly side of North Farms Road (more particularly identified as Parcels 48 and 49, Sheet 7 of the Northampton Assessor's Maps) in a Rural Residential Zone. The Findings were as follows: The requested use requires a Special Permit under the Provisions of Section 6.13 of the Zoning Ordinance. The requested use bears a positive relationship to the public welfare. The requested use will not create undue traffic congestion or unduly impair pedestrian safety. The requested use will - not overload any municipal systems. The requested use will not unduly impair the integrity or character of the district, and is in harmony with the general purpose and intent of the Ordinance. THE FOLLOWING CONDITIONS SHALL APPLY: All work shall conform to the Plan entitled, "Plan of Land in NORTHAMPTON, MASSACHUSETTS Prepared for Peter W. and Jill A. Kelley et als dated July 14, 1988. LNancy Dupau, Chair DECISION OF NORTHAMPTON PLANNING BOARD RE: KELLEY Page Two Andrew C 'al E. John are III Joseph Beauregard dith Hale Marion Mendelson E. John are III Joseph Beauregard dith Hale Northampton Planning Board July 19, 1988 Meeting The Northampton Planning Board met on July 19, 1988 in Council Chambers, Wallace J. Puchalski Municipal Building to continue the Public Hearing on the Application of Peter and Jill Kelley for a Special Permit under the Provisions of Section 6.13 of the Northampton Zoning Ordinance to allow construction of a single - family home on a flag lot. Present and voting were Chair Nancy Duseau, A. Crystal, M. Mendelson, J. Arnould, E. J. Gare III, J. Beauregard and J. Hale. At the June 23rd meeting, the unresolved issues were the status of "Old Hatfield Road"' and the fact that the drawing submitted by the Applicants did not show a driveway, and did not show how storm water runoff would be handled. Since then, the DPW has reported that Old Hatfield Road is not a city or county road, and Mr. Kelley is present tonight with a drawing that deals with the driveway and runoff issues. Mr. Smith pointed out the five criteria that must be met for a Special Permit to be granted, and suggested that one condition be made a part of the Board's Decision: "All work shall conform to the Plan entitled, "Plan of Land in NORTHAMPTON, MASSACHUSETTS prepared for PETER W. AND JILL KELLEY ET ALS" dated July 19, 1988." Ch. Duseau closed the Public Hearing, and E. J. Gare moved to allow the Special Permit with the Condition added. J. Beauregard seconded, and the motion passed unanimously. Nancy D eau, Chair 'Pak City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 5863726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission DECISION OF NORTHAMPTON PLANNING BOARD APPLICANT: PETER W. AND JILL A. KELLEY APPLICANT'S ADDRESS: 533 NORTH FARMS ROAD, FLORENCE OWNER: PETER W. AND JILL A. KELLEY OWNER'S ADDRESS: 533 NORTH FARMS ROAD, FLORENCE RE LAND OR BUILDINGS IN NORTHAMPTON AT: 533 NORTH FARMS ROAD, FLORENCE MAP AND PARCEL NUMBERS: MAP# 7 PARCEL # 48 At a meeting conducted on May 12, 1994, the Northampton Planning Board unanimously voted 9:0 to grant the request of Peter and Jill Kelley for a SPECIAL PERMIT to access a lot over the side lot line, under the provisions of Section 6.12 and Site Plan Approval under the provisions of Section 10.11 of the Northampton Zoning Ordinance at 533 North Farms Road. Planning Board Members present and voting were: Chairman Andrew Crystal, Vice Chairman Daniel Yacuzzo, Bob Riddle, Kenneth Jodrie, Nancy P. Duseau, Dr. Joseph Beauregard, Judith B. Hale, Jody Blatt, Mark NeJame. In Granting a Special Permit for vehicular egress /Access to a Lot, the Planning Board found: 1. The requested use for access over a side lot line is so designated in Section 6.12 of this Ordinance. 2. The requested use bears a positive relationship to public convenience or welfare. 3. The requested use will not create undue traffic congestion or unduly impair pedestrian safety because the use will be for a driveway for a single - family residence. - - - -- 4. The requested use will not overload any public water, -- drainage or sewer system, or any other municipal system to such an extent that the requested use 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 ORIGINAL PRINTED ON RECYCLED PAPER -- the general welfare, because a driveway does not impact on any municipal system. 5. The requested use meets all special regulations set forth in the Zoning ordinance, specifically Section 6.12 - vehicular Egress /Access to a Lot and Common Driveways. 6. The requested use will not unduly impair the integrity or character of the district or adjoining zones, will not be detrimental to the health, morals, or general welfare, and is in harmony with the general purpose and intent of the ordinance because driveway access over the side lot line will be a safer egress and entryway to the residence than the previously proposed site for the driveway which was prohibitively steep for emergency vehicles. in Approving the Site Plan, under Section 10.11 (6), the Planning Board found that the plan submitted with the Special Permit: A. Has provided for the protection of adjoining premises against seriously detrimental uses by providing for: 1. Surface water drainage with the requirement that an engineer shall submit certification that the existing conditions are adequate to protect adjoining premises against seriously detrimental uses by providing for surface water drainage. 2. Sound and sight buffers. 3. Preservation of views, light and air. B. Has provided for the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, minimized traffic impacts on the streets, roads and highways in the area, the location of driveway openings in relation to traffic, access by emergency vehicles, and to adjacent streets and, when necessary, compliance with other regulations for the handicapped, minors and the elderly. C. Has provided for the adequacy of the arrangement of parking and loading spaces in relation to the proposed uses of the premises. D. Has provided for the relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area and compliance with other requirements of the ordinance. E. Has provided for the mitigation of adverse impacts on the City's resources including the effect on the City's water supply and distribution system, sewerage collection and treatment systems, fire protection, and streets. -2- F. Has provided for compliance with the technical performance standards listed below: 1. Curb cuts have been minimized through using existing curb cuts. Conditions imposed upon the project are as follows:- 1. The driveway shall not be blocked off so that others shall continue to have access to the right -of -way. Z. The side lot access shall be the only access allowed. 3 . This special permit shall be subject to a one year review to ascertain if there are any problems with erosion or water run -off. The applicant shall notify all abutters of the review date. C 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 for vehicular egress /Access to a Lot and common Driveways 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 or the Northampton District 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: PETER W. AMD JILL A. KELLEY DECISION DATE: MAY 12, 1994 DECISION FILED WITH THE CITY CLERK: MAY 26, 1994 ra -4- (86 UN7 Y °L' 3 RODS Wl0 ' /6 N LANG OF _ � AIYD OF w = e W � N PHILIP l R. KELLEY GGROONS SWIFT I �o g - 7K: ,4 89, PG. 740B.1938,P194 SK. 1374, PG,.958 3 -a_ 'L �5EE. FLAN BOOK 75,PAGE46- N i5, s 9 NA - 00-e— ' 9 0.0 0 °mow O a 4 O x O J> O O , m ' O U O o� V UM n q� eo �4 w A d q le e 0 ti / 5 / 9 ¢O P as p Fs \q 2 i � I e 0 B B 1 A B R g74 pA PA O pP I r\ v 5 DO se'+, T "'I "17 Pro. "OS F,1U N U fi COUP ED AA ON CEEDS. 'LASS ANC OTHER SOUROER S AND RV AND S N E AECOPDEO ACCURATE TC P[,,i 50.::11,5 3AAR AFC f1R5S' ANLP =CAN TITLE I RES..'CE CONPANY HEREBY REPORT 1MAT HAVE EXAMINE 0 THE PREMISES AND BASED oN E)aS`DsG ON MCNUMENTAIION ALL EASEMENTS, ENCROApIMENTS AND BUILDINGS ARE LOCATED U THE LOT NES, 11 1111 AS NOTE' HO FURTHER REPORT THAT THE ELY RS NOT T LOCATED "TH N A {LppD PRJNf AREA AS SHOMN ON RUERAL FLOOD INSURANCE MAPS FOR :pAWUNI'T i -NOTE - SURVEYOR: ^"?'4' I THIS PUT FOR MORTGAGE LOAN PURPOSES ONLY AND DOES NOT CONSTITUTE A PROPERTY SURVEY M EY� LOAN INSPECiLON PLAI- C9U8 MS �l L 0.EPAR[D FD0. Qp ANO BILL A. KCLLEV Ifs ]ULY 6. 1991 m I2 ATON ANO ASSOGATES, INC. l � ET - HADLE - uASSACHUSETT'. CITY OF NORTHAMPTON SPECIAL PERMIT AND SITE PLAN APPLICATION 1. 2. 3. 4. 5. 6. 7. 8. PERMIT AUTHORITY(IES): ZBA_ Planning Board xx Council_ Applicant Name: Peter W and Jill A K iley Address: 553 North Farms Road, Florence Telephone: 413 /586 -4564 533 Properly Owner: Peter W and Jill A Kellev Address: 539 North Farms Road, Florence Telephone: 413/586 -4564 Status of Applicant:Owner Contract Purchaser Lessee Other (explain) Parcel Identification: Zoning Map #07 Parce1 Zoning District: Street Address: 470 North Farms Road, Florence Special Permit requested under Zoning Ordinance Section F, Pg _ Site Plan is for: Intermediate Project xx or Major Project_ None (only for a Sign)_ t Narrative Description of the Proposed Project (Use additional sheets if necessary): Re- siting of driveway using abandoned stage coach road, Old Hatfield Road, for vehicular egress and entry ' as original riveway si e prove pro 1F1T e y steep for emergency vehicles. �� '1 -- How does project comply with Special Permit criteria: (See Applicant's Guide for criteria -use additional sheets is necessary) RPR rnntir Gh eeh attached hereto 4 10. Site Plan, with any requests for waivers, must be attached. 11. Certified Abutters List from Assessors' Office must be attached. -� 12. 1 certify that I have read the permit criteria and that the information contained herein is true and accurate to the best of my knowledge. I (or the landowner if I am not the landowner) grant the Zoning Board and Planning Board permission to enter the property to review this application. Date:� p b 4/ Signature;\ - ZZL /16) (memor \wp rms4siteplan.b 4/2193) SITE PLAN REQUIREMENTS — OPTIONAL REQUEST FOR WAIVER The application MUST include a site plan and documentation with the following information. Upon written request, the Planning Board may waive the submission of any of the required information, provided that the Applicant provides some written information on each of the items and explains why a waiver is appropriate. For each requested waiver circle the item number and fill in the reason for your request In the space provided. Use additional sheets if necessary. See the Zoning Ordinance for all site plan requirements. B. Site plan (s) at a scale of 1" = 40' showing B -1. Name and address of the owner and the developer, of the project, date and scale of plans, c fS 11 if 7 i B -2. Location and boundaries of the lot, adjacent streets or ways, location and owners names of all adjacent properties and those within 300 feet of the property line, and all zoning district boundaries; B -3. Existing and proposed buildings, setbacks from property lines, building elevations, and all exterior entrances and exits (elevation plans of all exterior facades structures are encouraged); B -4. Present & proposed use of the land and buildings 13-5. Existing and proposed topography at two foot 'contour intervals, showing wetlands, streams, surface water bodies, drainage swales, floodplains, and unique natural land features (for intermediate projects the permit granting authority may accept generalized topography instead of requiring contour tines); B-6, cation of parking & loading areas, public & private ways, griveways, walkwas, access & egress points, proposed surfacing r.:: is I r t y y J 13-7. Location and description of all stormwater drainage facilities, (including applicable calculations and drainage public & private utilities, sewage disposal facilities, and water supply; B -8. Existing & proposed landscaping, trees and plantings (size & type of plantings), stone walls, buffers, and fencing B-9. Location, dimensions, height, color, illumination of existing and proposed signs; B -10 Provisions for refuse removal, with facilities for screening of refuse when B -11 An erosion control plan (for major projects only) and other measures taken to CONTINUATION SHEET 9. (Reasons for Special Permit Application) 1. Applicants acted in good faith after obtaining a Special Permit for a Flag Lot under Zoning Regulation Section 16.3 at a meeting of the Northampton Planning Board held July 14, 19138. All work was to conform to the Plan entitled, "Plan of Land in NORTHAMPTON, MASSACHUSETTS Prepared for Peter W. and Jill A. Kelley et als dated July 14, 1988, and filed with the Planning Board on that date. 2. Applicants built a single - family residence in compliance with the above Plan, completed in November of 1989. Applicants obtained a Certificate of occupancy from the office of the Inspector of Buildings for a single - family dwelling /garage dated November 29, 1989. 3. Applicants have been residing in said dwelling since November 29, 1989. 4. At the July 14, 1988 meeting of the Northampton Planning Board, Peter W. Kelley, the applicant, presented a drawing that dealt with the unresolved issues of driveway placement and storm water runoff. Mr. Kelley had every intention of following said drawing. 5. Upon investigation of feasibility of driveway construction, applicants were informed by Chief Lawrence Jones of the Northampton Fire Department that driveway entrance and egress were prohibitively steep for emergency vehicles. 6. Applicants obtained permission from Mr. Kelley's parents, Philip and Alice Kelley to enter and exit their lot from "Old Hatfield Road," an abandoned stagecoach road adjacent to both Mr. Kelley's and his parents' property. The Department of Public Works has determined this road is neither a city or county way and so stated at the Northampton Planning Board meeting of July 14, 1988. (See attached plan and Right of Way) 1. Applicants obtained a Building Permit for a garage on August 1, 1992 and commenced construction shortly thereafter. B. Applicants were informed by the Building superintendent that an amended plot plan must be on file for a Certificate of occupancy to be issued for the garage. 9. The use of the lot bears a positive relation to the public convenience and welfare. 10. There will be no undue adverse geographic concerns relating to fire and police protection as Chief Jones has so stated. 11. This application, if granted, will not be a detriment to the public good and will not nullify or derogate from the intent and purpose of the Zoning Ordinance. 12. The requested use would not unduly impair the integrity or character of the area, nor be detrimental to the health, morals or general welfare. Furthermore, such use would be in harmony with the general purpose and intent of the Zoning Ordinance. eK4144PGO161 00JO74 GRANT OP RICHT Of YAY R nden[urv, made the day 19 bet ...n Philip R. Fe 11 vY and Ali :r Grantors, and Peter B. Felley rrd Jill A. ` Fellry, Grantees, .b...... the C-11—,; srd '( .. e n fee land tiesrri bed NamVaLrr+ ty R. grstq o(peeJs Book I100� Page )44, +rrd Book IviN, gr 104, nd mrrked . for plan xrN he M . .e Fa lt th, , an.. nao :rd 'r e r ad r nId NatH eld Rood �" slmw n tIl. LY the dashed g l is— betvmn point A, 'here Ile 'I'd oPens o Ynr[h ""m, Road, end paint B, .here the ro at eruases the Je4a n[ 'ski property: Whereas :he Grantees sed fee simple of ano par be of lane described in xampnn Gmu^ty Reg try of Deeds Book 3009, Page 0311: +nd whereas, the Grantors hay. afire , n runs Je ration of the s m of $I,Do, One Dollar and o s to gran[ the Grantees and easement ur tight of ay over Ineseid a),,rd med .,., road: wi eth, that u Se p of the said agreement and i n aideration of the a of $I.00, One Doll, paid by the Gran[.I. to the G e r .. -' , [an tarn, the r eipt r.h reof c hrby acknIrdgrd, the Grantors hereL G Y grants to the rantees, their hairs and a —igus: Pull and free right and Iiher,, fur them. 'heir - nd 11 s in c.. n th all othu rs the r Itke ighc a[ all s be alt er, m rb o IL-oc vrhiclns of +ny de [i pt ion, for all purPOees y t n s Ih the and nl.y.es, of the aid land of the Gr , to pass ondr rpasn ainrrg the sa {d abandoned .age 1-1 for Ih, purpose of going from the said North Farms Read to the ffar...... Itol, or vsu versa. To hay. and to hold the e n right of vay hereby pea ted unto the Granters, their heirs and as ign-, as appurtenant I. the said land of the Grantees. In w t where—f' the Grantors It— hrre..sto set their hand. and .'I,. the dar and r-ar f1rst 'r.ttr- ab -ve. A dt CD k. RBLL' /tid T.v EGS \ \- w\Ge£ < / ( \ ^ i< The foregoi g is tree oopC o :" ` ' 1, Book Pag — / L z — I of Ll, a County Registry of Deeds. Date � L � ATTEST: �. "Al ) REGISTER 2 - -) �. ill, ,� P.6 City of Northampton, Massachusetts Of . Planning and Development r { , City y H all l .210 Main Street P,/ / X \ Northampton, MA 01060 . (413) 586 -6950 . Community and Economic Development . Conservation. Historic Preservation . Planning Board. Zoning Board of Appeals DATE: July 14, 1988 Certificate of Granting of Variance or Special Permit (General Laws, Chapter 40A, Section 11) THE PLANNING BOARD OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT A VARIANCE AND/OR SPECIAL PERMIT HAS BEEN GRANTED TO: Peter W. and Jill A. Kelley ADDRESS: 470 North Farms Road CITY: Florence, MA 01060 AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR BUILDINGS AT: And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said variance -- special permit, and that copies of said decision, and all plans referred to in the decision, have been filed with the Planning Board and the City Clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no variance or 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 in the Office of the City Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index 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. If the rights of a Variance granted under the provisions of Section 10, Chapter 40A, M.G.L. are not exercised within one year of the date of the grant of such variance, they shall lapse and may be reestablished only after notice and a new hearing pursuant to Section 10, Chapter 40A, M.G.L. �. v� U �� Nancy PV Duseau, Chair Robert J. Pascucci, Secretary Northampton Planning Board July 14, 1988 Meeting Page Two 3) We have no indication of when the work will be done. A completion deadline of November 1, 1988 was imposed, and the Secretary was instructed to so notify Beaudry. J. Arnould seconded. G. Andrikidis suggested we refuse to release the funds, and ask Beaudry when they plan to do the work, and allow them one month. A. Crystal amended his motion to agree with Mr. Andrikidis' suggestion, J. Arnould seconded, and the motion passed unanimously. 4. A letter from Millbank II Associates requesting approval to change the name of "Pound Lane" to " Millbank Lane." A letter from Fire Chief Driscoll recommending approval was submitted. A letter from the DPW was submitted, saying they had no objection to the name change. J. Beauregard moved to approve the name change, E. J. Care seconded, and the motion passed unanimously. 5. A letter from Arty. Thomas P. Nagle, Jr. requesting a negotiated fee on the Application of the developers of "Sawmill Hills" to amend their approved Definitive Subdivision Plan. The DPW wrote that they felt the regular Application fee could be waived for a fee of $100. E. J. Care asked if we have ever waived fees before, and L. Smith replied, "NO, but this is so minor, the regular fee of $1,500 is not appropriate," J. Beauregard moved we waive the fee, except for $100. J. Arnould seconded, and the motion passed unanimously, except for Mr. Care. 7:55 P. m. CONTINUATION OF THE PUBLIC HEARING on the Application of Peter and Jill Kelley for a Special Permit under the Provisions of Section 6.13 of the Northampton Zoning Ordinance to allow construction of a single - family dwelling on a flag lot. At the June 23rd meeting, the unresolved issues were the status of "Old Hatfield Road," and the fact the drawing submitted by the Applicants did not show a driveway, and did not show how storm water runoff would be handled. Since then, the DPW has reported i that Old Hatfield Road is not a city or a county road, and Mr. Kelley is present tonight with a drawing that deals with the driveway and runoff issues. Mr. Smith pointed out the five criteria that must be met for a Special Permit to be granted, and suggested that one condition be made a part of the Board's Decision: "All work shall conform to the Plan entitled, "Plan of Land in NORTHAMPTON, MASSACHUSETTS Prepared for PETER W. AND JILL A. KELLEY ET ALS" dated July 14, 1988." Ch. Duseau closed the t Public Hearing, and E. J. Care moved to allow the Special Permit with the Condition added. J. Beauregard seconded, and the motion passed unanimously. 800 P. M. CONTINUATION OF THE PUBLIC HEARING on the Application of Christenson - Howard for a Special Permit under the Provisions of Section 6.12 to build a common driveway across a wetland to CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Paul Hadsel, Director, Northampton DPW FROM Lawrence B. Smith, Senior Planner SUBJECT: Kelley Flag Lot Request DATE: June 22, 1988 FILE: Attached please find the Special Permit request of Peter and Jill Kelley for the creation of a "Flag Lot" on their property off of the easterly side of North Farms Road. The Planning Board would appreciate your comments and recommendations on this application including but not limited to the following issues: - adequacy for a curb cut and ingress /egress to the lot from the proposed frontage, - status and ownership of Old Hatfield Road (is it part of the Kelley's parcel). Should you require additional information please don;'t hesitate to contact me. Northampton Planning Board June 23, 1988 Meeting Page One The Planning Board of the City of Northampton met on Thursday, June 23, 1988 in Council Chambers, Wallace j. Puchalski Municipal Building, Northampton, MA. Present' were Chair N. Duseau, J. Arnould, J. Beauregard, E. J. Gare, Jr. , ' Hale, M. Mendelson, and L. B. Smith, Senior Planner. Ch. Duseau called the meeting to order at 7:05 p. m. MINUTES: E. Gare moved to accept without reading, the minutes of the June 9, 1988 meeting, J. Arnould seconded. M. Mendelson suggested a correction in the last full paragraph on Page Six, where the Secretary. left out a nuance at the end of the first sentence. ,' The Secretary responded in writing to M. Mendelson on June' 24th. CORRESPONDENt'E: A letter from Mr. Hathaway on his Heritage Hill SubdivisipE, requesting relief from a parking area requirement at the foo ,'of a grade, because the grade turned out to be less than 7 %. Andrikidis of the DPW recommended the restriction be liftV. E. Gare so moved, J. Beauregard seconded, and the motion . pass Ed unanimously. PUBLIC HEARINGS At 7:10 p. m., the Public Hearing was opened on the Application of Peter and Jill Kelley for a Special Permit under the Provisions of Section 6.13 of the Zoning Ordinance of the City of Northampton to allow construction of a single - family dwelling on a flag lot on North Farms Road. The lot in question was formerly under common ownership with another lot in the Kelley family. All parties assumed this was a legal building lot, an assumption that was reinforced when abutter Swift built a home on a similar sized lot with identical frontage. The Swift lot, however, was grandfathered; this lot was under common ownership with another family -owned lot and therefore did not have "grandfather" status. Applicants have invested a great deal in land clearing and an artesian well. There was no negative discussion relative to the specific application for a Special Permit to build on a flag lot. L. Smith said another Special Permit was needed for access to the lot over a lot line other than the front lot line. Further, he felt the DPW and the Assistant City Solicitor should give an opinion on the status of Old Hatfield Road, "an ancient way no longer used for public travel." Further, the submitted drawing does not show a driveway, nor does it show how storm water runoff would be handled. Mr. Kelley presented a letter from the Fire Department approving his driveway. M. Mendelson moved the Public Hearing be continued to July 14th, allowing time to hear from the DPW and Miss Fallon, and for the Applicant to make the requested changes /additions to his drawing. E. Gare seconded and the Northampton Planning Board i June 23, 1988 Meeting Page Two motion passed unanimously. At 7:20 p. m., the Public Hearing was opened on the Applica on of Christensen - Howard for a Special Permit under the ProvjO1Ons of Section 6.12 of the Northampton Zoning Ordinance to build a common driveway across a wetland to serve seven building:tots on the North side of Turkey Hill Road. Mr. ChristensenAnd Peter Wells of Berkshire Design Group were present. The 38,4'cre parcel upon which lots 1 -7 are situated contains a large amount of wetland. The reason for this application is to hare one common driveway cross the stream, via a bridge, rather:,han have seven driveways cross the stream. This would be an.18' wide gravel driveway with all grades less than 7 %. :'The Conservation Commission has inspected the site. The reason for the request, according to Mr. Christensen, is to minimize impact on the stream, wetlands and wildlife. Ch. Duseau read a letter dated May 24, 1988 from the DPW, which is attached hereto and made a part of this record. The DPW had no; comments on the bridge, since the submitted plan bore the stamp of a registered engineer. Asst. Fire Chief Passa said the bridge must be capable of supporting 18 tons, and the driveway 25 tons. The Fire Department would bring its own water, but would prefer a fire pond on the site. There was a bit of discussion on turnarounds for fire equipment, and Mr. Christensen said he would put in whatever the Fire Department wanted. A rambling discussion ensued concerning the lengths of the private driveways, and whether or not they were capable of supporting 25 tons. That was Mr. Passa's request, but E. Gare felt it was an unfair request unless all driveways in the 'city had to meet that requirement. G. Andrikidis felt that the construction of the private driveways was beyond the purview of the DPW and the Planning Board. He said the DPW would control the construction of the common driveway, and Mr. Wells said they would adhere to the 25 -ton standard for the private driveways as well. Public comment was called for, and Steve Kunda, 26 Sylvester Road commented that, "This is being treated as a mere driveway, but there are only 12 homes on Turkey Hill Road now, and these seven are an increase of over 50 °s." Anthony Stefan 92 Turkey Hill Road commented that Turkey Hill Road is only as wide as a driveway, and two cars can't pass. L. Smith commented that that is not an issue - -the Applicants have the frontage and can build seven homes. John Riley 88 Turkey Hill Road asked Mr. Christensen if more development is planned on the 38 acre tract. Mr. Christensen said, "Not at this time - -we are still scratching our heads." He added that anything further would require Conservation Commission approval because of the wetlands. Ch. Duseau asked the Applicant if he could "get all the answers, C!' .4 mr�X�y Crxf� of ' Wa rf4aillpf an 0assarlI list Ito Offirr. of ttlr �nsperfcr of ?gnilbings 212 Main Street • Municipal Building Northampton, Mass. 01060 COMPLAINT SHEET *_ How received: Telephone ( ) Complaint No. Personal ( ) Date: _ is y/ Letter ( ) Time: A.M. . P.M. Telephone No. _ J yfZ Complainant's Name: 3w C� C'r�c�r3✓G Complainant's Address: � N- - CGA.4 -vc 49 _ Complaint received by: VIOLATIONS OF: O Chapter 44 Zoning Ordinances, City of Northampton -0 Chapter 802 As_Ammeaded.Mass. Slate Bullding.Code ❑ Sanitary Code, Art. 2 Complaint reported against: Name: 1R'16- , �i7rkelleri rep. Address: $3� �• jgrrv�� ` �� Location of complaint: '!r '� �✓- j`cPrnis 61/ "' 567 - 0, Ce Map # *� Lot # Signature of Complanants: I rv.ature or complaint: fr a c C4 , 2 A "w d 1/� p!' T a v ;4-, Y� rr * a ,.L t• r. Investigation: Yes ( ) No ( ) i Investigated by: r f� x115 O� 1 l /� i��r•../ ��.4`l �S rl 4 k 1. wA 4"4 V IU, A A : 4 6 i. �. iFX• ,A kip- s_ .w 1� f r� r. I AM 44 V A �r r I I . � z l 1 r I ..'. t 1 �.b ♦ t r x , Q r Al � Y t \ t AT Checked — uvn fi