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17D-081 (14) City of Northampton (:. Massachusetts 49-L ScPr. A. DEPARTMENT OF BUILDING INSPECTIONS , m . 212 Main Street m Municipal Building p CQ v Northampton, MA 01060 Thomas Michel P.O. Box 60657 65 North Main Street Florence, MA 01062 September 24, 2015 Dear Mr. Michel, I have reviewed the zoning permit applications you submitted to construct a single family dwelling at 1 Garfield Avenue in Florence. That parcel of land was created by a comprehensive permit issued in 2004 by the Zoning Board of Appeals in accordance with M.G.L. 40 chapter 40B. Many of your proposals conflict with a number of the criteria considered by the zoning board when approving the permit in 2004. None contain enough information to allow a formal decision. I have located much of the information about that project, including the original application for the comprehensive permit, the approved permit, the purchase and sale agreement with the city, the actual deed for the property, the homeowners' association restrictive covenant and information from the narrow lot design challenge. I have excerpted portions of the some of the documents that I've used to make my determinations (see below). You have submitted a number of requests for a determination as to whether you could construct a house (and in some cases, a garage)on your lot at 1 Garfield Avenue. None of those requests have included enough information to allow me to determine with certainty that I could approve the specific proposal. The information required for me to make such a determination is detailed in the Garfield Avenue Extension Homeowners Association Declarations, Article II section 4: "plans and specifications, showing the nature, kind, shape, height, materials, floor plans, exterior color scheme, and the grading plan of the Lot to be built upon'. The Garfield Avenue Extension Homeowners Association Declarations do apply to your property. That same section gives the city the right to approve or deny plans and reiterates the submission requirements: "the...City shall have the right to refuse to approve any such plans, specifications or grading plans that are not suitable or desirable, in its opinion, for aesthetic or other reasons. In so passing upon such plans, specifications and grading plans, the ... City shall take into consideration the suitability of the proposed structure and materials to be the site, including harmony with the surroundings and effects on the outlook from neighboring properties. Said submission of plans shall include: a. a plot plan of the lot, showing the location of the proposed construction: b. building plans, including drawings which show the elevations of the proposed construction; c. a description of exterior materials and colors; and d. the lot owner's proposed construction schedule." I have conditionally approved some of your proposals. I will not approve others. A number of proposals included a detached garage at the front of the lot with the house set behind it. I have not approved these proposals because they are not "consistent with the rhythm and the character of the neighborhood along Garfield Avenue" (from the Comprehensive Permit approval, section E), "...the site will function harmoniously in relation to other structures and open spaces to the natural landscape, existing buildings and other community assets in the area as it relates to landscaping, drainage, sight lines, building orientation, massing, egress, and setbacks"(Zoning 350-11.6—C, site plan approval criteria)or"New homes should consist of units that maintain orientation, rhythm, setback pattern and street frontage green patterns of the surrounding block face" (Table of Use and Dimension, URB district). The existing houses on Garfield Avenue are predominantly located close to the street. Only one has a garage in front of the house. That garage is set into a slope and does not block the view of the house from the street. A number of the proposals do not show details of the front entry. The city's Table of Use and Dimension regulations for the URB district requires that buildings have a covered entry. I may approve the proposal featuring a ground mounted solar array provided the house has a covered entry. I may approve the proposal for a courtyard house provided the courtyard enclosure meets the zoning setback requirements. If the courtyard enclosure is part of the house, it must meet the 15 front setback requirement. If it is a fence, there is no required setback but it may be no more than Thigh within 5 of the front lot line. may approve the Michael Burgess plan but I will need more detailed drawings; that proposal does not have a detached garage but the drawings don't show the front entry. The proposal that includes the Schumacher design is not detailed enough to show whether there is a single building or 2 detached structures. I will not approve the proposal showing a house with a blank two story wall facing the street. On each application, you have listed proposed setbacks as the same as the required setbacks. Most of these proposals do not show the proposed lot layouts with the actual setbacks indicated. Few of the house plans are dimensioned, but it appears that some of them may not fit within the required side setbacks because of attached decks or carports. Before I can fully approve any proposal I will need the actual lot layout with dimensioned setbacks shown. Feel free to contact me if you have any questions. Perhaps we could sit down and have a reasonable discussion about this process. It could save us both some time and aggravation. Respectfully, LouisHasbrouck _-• ,, Building Commissioner City of Northampton (413) 587-1240 Ihasbrouck(a)city.northampton.ma.us cc Office of Planning and Sustainability From the Comprehensive Permit approved in 2004: C. The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area. A majority (4+ acres) of the site will be permanently protected as open space to be owned by the Northampton Conservation Commission, including permanent protection of the capped landfill. Public access to the open space will be provided through an easement across Lot 3, All development will be outside the wet/and buffer zones; and.... E. The requested use bears a positive relationship to the public convenience or welfare. The use will not unduly impair the integrity of character of the district or adjoining zones, nor be detrimental to the health, morals, or general welfare. The use shall be in harmony with the general purpose and intent of the Ordinance. The project for four single family homes in a cluster provides units that will be consistent with the rhythm and the character of the neighborhood along Garfield Avenue; and... F. The requested use will promote City planning objectives to the extent possible and will not adversely affect those objectives, as defined in City master or study plans adopted under M.G.L. Chapter 41, Section 81-C and D. Cluster in-fill development as recommended within the City's Vision 2020 document provides new residential units while permanently per serving open space. From the City Zoning Ordinance concerning site plan approval: 350-11.6 C. The site will function harmoniously in relation to other structures and open spaces to the natural landscape, existing buildings and other community assets in the area as it relates to landscaping, drainage, sight lines, building orientation, massing, egress, and setbacks. From MGI 40B section 21 (Comprehensive Permits): The board of appeals shall request the appearance at said hearing of such representatives of said local boards as are deemed necessary or helpful in making its decision upon such application and shall have the same power to issue permits or approvals as any local board or official who would otherwise act with respect to such application, including but not limited to the power to attach to said permit or approval conditions and requirements with respect to height, site plan, size or shape, or building materials as are consistent with the terms of this section. From the Table of Use and Dimensions URB: "...New homes should consist of units that maintain orientation, rhythm, setback pattern and street frontage green patterns of the surrounding block face..." and "buildings must have a covered entry" From the 40B comprehensive permit application, section C: Houses match scale and style of existing residences on Garfield Ave: see attached building elevations From the Garfield Avenue Extension Homeowners Association Declarations (recorded, Book 10222, Page 1.13): 4. BUILDING APPROVAL No building or other structure shall be commenced or erected, nor shall any addition be made, until plans and specifications, showing the nature, kind, shape, height, materials, floor plans, exterior color scheme, and the grading plan of the Lot to be built upon, have been submitted to and approved in writing by the Developer(for Lots 2,3,4,5, and 6) or the City (for Lot 1) in recordable form. The Developer or the City shall have the right to refuse to approve any such plans, specifications or grading plans that are not suitable or desirable, in its opinion, for aesthetic or other reasons. In so passing upon such plans, specifications and grading plans, the Developer or the City shall take into consideration the suitability of the proposed structure and materials to be the site, including harmony with the surroundings and effects on the outlook from neighboring properties. Said submission of plans shall include: a. a plot plan of the lot, showing the location of the proposed construction: b. building plans, including drawings which show the elevations of the proposed construction; c. a description of exterior materials and colors; and d. the lot owner's proposed construction schedule. If the Developer or City fails to approve or deny a proposed structure within forty five (45)days after receiving the full proposal as described above, the proposal shall be deemed approved. The developer's right of approval under this paragraph 4 shall expire at such time as houses have been built on all of the Habitat Lots, a.."Id the City's right shall expire at such time as a house has been built on Lot I, and thereafter said right of approval shall be exercised by the Homeowner's Association established hereunder: