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17D-080 Garfield Ave-Comp Plan Amendment Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2009-0001Date: May 14, 2014 APPLICATION TYPE:SUBMISSION DATE: Modification of Comprehensive Perm8/18/2008 Applicant's Name:Owner's Name: NAME: NAME: PIONEER VALLEY HABITAT FOR HUMANITPIONEER VALLEY HABITAT FOR HUMANITY ADDRESS:ADDRESS: P O BOX 60642P O BOX 60642 TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: FLORENCEMA01062FLORENCEMA01062 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (413) 586-5430 () (413) 586-5430 () EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 155 CHESTNUT ST URA(100)/ TOWN:ADDRESS: ACTION TAKEN: NORTHAMPT0N MA 01060 Approved w/ Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 17C066001 Chpt. 350-6.2/Attach 2: Table of Dimensional TOWN:STATE:ZIP CODE: Requirements Book:Page: 2182210 PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: Amendment to Comprehensive Permit originally granted April 1, 2004. The permit expiration date is hereby extended as if this were a new permit. HARDSHIP: CONDITION OF APPROVAL: 1)Prior to construction of the lots, a final plan that incorporates the conditions below shall be submitted to the Office of Planning and Development. 2)The final plans shall be stamped and signed by a Professional Engineer. 3) The parking lot serving Lots 4, 5, & 6 shall be bituminous for the portion of the lot that serves as access to the landfill and to the parking spots. The parking stalls themselves may be trap rock gravel (TRG). 4)The south side of lot 4 (existing neighborhood side) shall have a side yard setback of 15’ to the proposed structure to comply with the URB zoning setbacks. The north side may be reduced to whatever distance is necessary to accomplish the 15’ side yard setback on the south side. 5) The neighborhood association lot for the stormwater facility should have its own lot label for clarity and ease of reference. (e.g. Lot A) The maintenance of Lot A shall be spelled out in the Owners Association. 6) The stormwater lot should be enlarged to include all the area from the end of the paved portion of Garfield Avenue extension to the sediment forebay. This area shall not be part of Lot 5. It will also function as snow storage area for Department of Public Works plowing at the end of Garfield. 7) The lot size of Lot 5 shall be recalculated to incorporate the change in area resulting from the allocation of the grassed area to the stormwater lot area. 8) Prior to any construction, the southerly Activity and Use Limitation (AUL) limits for the Verona Street Landfill closure shall be staked and clearly labeled by a registered surveyor. The stakes shall be maintained and reestablished as required throughout the construction. No work or disturbance shall occur within the AUL limits. The registered AUL plan is located in Plan Book 196, Page 20. 9) No accessory apartments may be created within or part of any of the single family homes on Lots 2- 6. GeoTMS® 2014 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2009-0001Date: May 14, 2014 10) All other conditions from the original Comprehensive Permit approval stand. Note: This plan provides a separate 8’ wide pedestrian access at the end of the hammerhead that is within the right of way. A 15’ wide vehicular access is offered and provided across the paved parking area of lots 4, 5 & 6 for the purposes of allowing Department of Public Works access to the landfill for required maintenance. Though not an officially voted upon condition by the Zoning Board of Appeals, condition 18 of the original permit shall be modified to incorporate language regarding easements as adjusted in this amended plan for the two proposed pedestrian and vehicular access points. FINDINGS: The Zoning Board of Appeals granted the amendment to the Comprehensive Permit based on the following information and plans submitted with the application: 1. "Overall Plan Garfield Avenue Extension", prepared by The Berkshire Design Group, Inc. for Pioneer Valley Habitat for Humanity, page L1, revision date: 8/14/08 Zoning Board of Appeals submission. 2. "Plan and Profile Garfield Avenue Extension", prepared by The Berkshire Design Group, Inc. for Pioneer Valley Habitat for Humanity, page L2, revision date: 8/14/08 Zoning Board of Appeals submission. 3. Letter dated August 15, 2008 regarding Application to revise Comprehensive Permit, submitted by Pioneer Valley Habitat for Humanity. In granting the Comprehensive Permit Amendment, the Zoning Board of Appeals reviewed recommendations from the Planning Board and the Department of Public Works. The Board approved the project with waivers as deemed necessary to accomplish the construction of five single family homes on individual lots. The reconfiguration of the lots reduces the total number of units from three single family homes with three accessory apartments to 5 single family homes and no accessory apartments without substantially altering the location of the structures from the original approvals. Waivers from the Zoning Ordinance that were granted: 1. Reduction in frontage for Lot 2 from 75’ to 51’ 2. Reduction in frontage for Lot 3 from 75’ to 57.5’ 3. Reduction in side setback for Lot 3 as shown on plans (minimum of 10’ at corner) 4. Reduction in lot area on Lot 4 from 8,000 sf to 7,651sf 5. Reduction in side setback for Lot 4 from 15’ to 10’+- 6. Reduction in front yard setback for Lot 4 from 20’ to 10’ 7. Reduction in lot area on Lot 5 from 8,000 sf to 4,900+- sf 8. Reduction in side yard setback on Lot 5 for the non-zero-lot-line side from 30’ to 10’ 9. Elimination of required sight-impervious fence for the zero lot homes on lots 5 and 6 10. Reduction in frontage for Lot 5 from 65’ to 0’ 11. Reduction in frontage for Lot 6 from 65’ to 0’ 12. Common driveway and access to parking for lots 4, 5, 6 in order to share parking area 13. Reduction in width of common driveway for Lots 2 and 3 from 15’ to 13’ 14. Waiver from Chapter 350 §8.6 for all bituminous parking lot with striped parking stalls to allow trap rock gravel for the parking stalls with no striping and bituminous for the traveled area 15. Required curbs along the street to be eliminated. No curbing along Garfield Avenue extension COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 8/28/20089/4/20089/25/2008 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 9/1/200810/22/20089/11/20089/25/200810/6/2008 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 9/25/20089/11/20089/11/20089/16/2008 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 9/4/20085:30 PM6/13/200812/10/2008 MEMBERS PRESENT:VOTE: Malcolm B.E. Smithvotes toGrant Sara Northrupvotes toGrant Bob Riddlevotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Malcolm B.E. SmithBob Riddle3Granted w/ Conditions MINUTES OF MEETING: Available in the Office of Planning & Development. I, Carolyn Misch, as agent to the Zoning Board of Appeals, certify that this is a true and accurate decision made by the Zoning Board and certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date noted above. GeoTMS® 2014 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2009-0001Date: May 14, 2014 I certify that a copy of this decision has been mailed to the Owner and Applicant. ___________________________________ NOTICE OF APPEAL An appeal from the decision of the Zoning Board may be made by any person aggrieved and pursuant to MGL Chapt 40A, Section 17 as amended, within (20) days [30 days for a residential Finding] after the date of the filing of this decision with the City Clerk. The date of filing is listed above. Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of Northampton. GeoTMS® 2014 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2009-0001Date: May 14, 2014 APPLICATION TYPE:SUBMISSION DATE: Modification of Comprehensive Perm8/18/2008 Applicant's Name:Owner's Name: NAME: NAME: PIONEER VALLEY HABITAT FOR HUMANITPIONEER VALLEY HABITAT FOR HUMANITY ADDRESS:ADDRESS: P O BOX 60642P O BOX 60642 TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: FLORENCEMA01062FLORENCEMA01062 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (413) 586-5430 () (413) 586-5430 () EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: GARFIELD AVE URB(99)/URA(1)/ TOWN:ADDRESS: ACTION TAKEN: NORTHAMPT0N MA 01060 Approved w/ Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 17D071001 Chpt. 350-6.2/Attach 2: Table of Dimensional TOWN:STATE:ZIP CODE: Requirements Book:Page: 468581 PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: Amendment to Comprehensive Permit originally granted April 1, 2004. The permit expiration date is hereby extended as if this were a new permit. HARDSHIP: CONDITION OF APPROVAL: 1)Prior to construction of the lots, a final plan that incorporates the conditions below shall be submitted to the Office of Planning and Development. 2)The final plans shall be stamped and signed by a Professional Engineer. 3) The parking lot serving Lots 4, 5, & 6 shall be bituminous for the portion of the lot that serves as access to the landfill and to the parking spots. The parking stalls themselves may be trap rock gravel (TRG). 4)The south side of lot 4 (existing neighborhood side) shall have a side yard setback of 15’ to the proposed structure to comply with the URB zoning setbacks. The north side may be reduced to whatever distance is necessary to accomplish the 15’ side yard setback on the south side. 5) The neighborhood association lot for the stormwater facility should have its own lot label for clarity and ease of reference. (e.g. Lot A) The maintenance of Lot A shall be spelled out in the Owners Association. 6) The stormwater lot should be enlarged to include all the area from the end of the paved portion of Garfield Avenue extension to the sediment forebay. This area shall not be part of Lot 5. It will also function as snow storage area for Department of Public Works plowing at the end of Garfield. 7) The lot size of Lot 5 shall be recalculated to incorporate the change in area resulting from the allocation of the grassed area to the stormwater lot area. 8) Prior to any construction, the southerly Activity and Use Limitation (AUL) limits for the Verona Street Landfill closure shall be staked and clearly labeled by a registered surveyor. The stakes shall be maintained and reestablished as required throughout the construction. No work or disturbance shall occur within the AUL limits. The registered AUL plan is located in Plan Book 196, Page 20. 9) No accessory apartments may be created within or part of any of the single family homes on Lots 2- 6. GeoTMS® 2014 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2009-0001Date: May 14, 2014 10) All other conditions from the original Comprehensive Permit approval stand. Note: This plan provides a separate 8’ wide pedestrian access at the end of the hammerhead that is within the right of way. A 15’ wide vehicular access is offered and provided across the paved parking area of lots 4, 5 & 6 for the purposes of allowing Department of Public Works access to the landfill for required maintenance. Though not an officially voted upon condition by the Zoning Board of Appeals, condition 18 of the original permit shall be modified to incorporate language regarding easements as adjusted in this amended plan for the two proposed pedestrian and vehicular access points. FINDINGS: The Zoning Board of Appeals granted the amendment to the Comprehensive Permit based on the following information and plans submitted with the application: 1. "Overall Plan Garfield Avenue Extension", prepared by The Berkshire Design Group, Inc. for Pioneer Valley Habitat for Humanity, page L1, revision date: 8/14/08 Zoning Board of Appeals submission. 2. "Plan and Profile Garfield Avenue Extension", prepared by The Berkshire Design Group, Inc. for Pioneer Valley Habitat for Humanity, page L2, revision date: 8/14/08 Zoning Board of Appeals submission. 3. Letter dated August 15, 2008 regarding Application to revise Comprehensive Permit, submitted by Pioneer Valley Habitat for Humanity. In granting the Comprehensive Permit Amendment, the Zoning Board of Appeals reviewed recommendations from the Planning Board and the Department of Public Works. The Board approved the project with waivers as deemed necessary to accomplish the construction of five single family homes on individual lots. The reconfiguration of the lots reduces the total number of units from three single family homes with three accessory apartments to 5 single family homes and no accessory apartments without substantially altering the location of the structures from the original approvals. Waivers from the Zoning Ordinance that were granted: 1. Reduction in frontage for Lot 2 from 75’ to 51’ 2. Reduction in frontage for Lot 3 from 75’ to 57.5’ 3. Reduction in side setback for Lot 3 as shown on plans (minimum of 10’ at corner) 4. Reduction in lot area on Lot 4 from 8,000 sf to 7,651sf 5. Reduction in side setback for Lot 4 from 15’ to 10’+- 6. Reduction in front yard setback for Lot 4 from 20’ to 10’ 7. Reduction in lot area on Lot 5 from 8,000 sf to 4,900+- sf 8. Reduction in side yard setback on Lot 5 for the non-zero-lot-line side from 30’ to 10’ 9. Elimination of required sight-impervious fence for the zero lot homes on lots 5 and 6 10. Reduction in frontage for Lot 5 from 65’ to 0’ 11. Reduction in frontage for Lot 6 from 65’ to 0’ 12. Common driveway and access to parking for lots 4, 5, 6 in order to share parking area 13. Reduction in width of common driveway for Lots 2 and 3 from 15’ to 13’ 14. Waiver from Chapter 350 §8.6 for all bituminous parking lot with striped parking stalls to allow trap rock gravel for the parking stalls with no striping and bituminous for the traveled area 15. Required curbs along the street to be eliminated. No curbing along Garfield Avenue extension COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 8/28/20089/4/20089/25/2008 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 9/1/200810/22/20089/11/20089/25/200810/6/2008 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 9/25/20089/11/20089/11/20089/16/2008 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 9/4/20085:30 PM6/13/200812/10/2008 MEMBERS PRESENT:VOTE: Malcolm B.E. Smithvotes toGrant Sara Northrupvotes toGrant Bob Riddlevotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Malcolm B.E. SmithBob Riddle3Granted w/ Conditions MINUTES OF MEETING: Available in the Office of Planning & Development. I, Carolyn Misch, as agent to the Zoning Board of Appeals, certify that this is a true and accurate decision made by the Zoning Board and certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date noted above. GeoTMS® 2014 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2009-0001Date: May 14, 2014 I certify that a copy of this decision has been mailed to the Owner and Applicant. ___________________________________ NOTICE OF APPEAL An appeal from the decision of the Zoning Board may be made by any person aggrieved and pursuant to MGL Chapt 40A, Section 17 as amended, within (20) days [30 days for a residential Finding] after the date of the filing of this decision with the City Clerk. The date of filing is listed above. Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of Northampton. GeoTMS® 2014 Des Lauriers Municipal Solutions, Inc.