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49-014 n SttAMP City of Northampton, Massachusetts ill ( J'Y , 8 in 3 I p4 : To Office of Planning and Development City Hall • 210 Main Street #A� 01414 DEPT OF BUILD NG INSPECTIONS w a Northampton, MA 01060 • (413) 586-6950 NORTHANIPI N MhO1060 � .'': '• FAX (413) 586-3726 --. � r� • Community and Economic Development v �__��,,9g •�;; • Conservation • Historic Preservation ©", fi . � • Planning Board • Zoning Board of Appeals Q.aiu9'- • Northampton Parking Commission DECISION OF THE NORTHAMPTON PLANNING BOARD APPLICANT'S NAME: THOMAS HANLEY APPLICANT'S ADDRESS: C/O PATRICK MELNIK, 110 KING STREET, NORTHAMPTON, MA 01060 OWNER'S NAME: THOMAS HANLEY OWNER'S ADDRESS: C/O PATRICK MELNIK, 110 KING STREET, NORTHAMPTON, MA 01060 LAND OR BUILDINGS IN NORTHAMPTON AT: THE NORTH SIDE OF PARK HILL ROAD (MAP 49 , PARCEL 14) At a meeting of the Northampton Planning Board held on May 13 , 1993 , it was voted unanimously to GRANT the request of Thomas Hanley for Special Permits and Site Plan Approval under §6 . 12 , page 6-14 and §6 . 13 of the Northampton Zoning Ordinance for three abutting flag lots and to allow construction of a common driveway on the north side of Park Hill Road (Map 49, Parcel 14) . Present and voting were Chairman Andrew Crystal, Joe Beauregard, Nancy Duseau, Judy Hale, Kenneth Jodrie, Marion Mendelson, Bob Riddle, Diane Welter, and Dan Yacuzzo. The Planning Board reviewed the criteria for granting a Special Permit under §10 . 10 and Site Plan Review under §10 . 11 and found that: 1 . The requested use is listed in the Table of Use Regulations . 2 . The requested use bears a positive relationship to the public convenience by eliminating extra curb cuts. 3 . The equested use will not create undue traffic congestion or unduly impair pedestrian safety. 4 . The requested use will not overload any public water, drainage, or sewer system or any other municipal system. 5 . The requested use will not unduly impair the integfrity or character of the district or adjoining zones, nor be detrimental to the health, morals or general welfare. The use shall be in harmoney with the general purpose and intent of the Ordinance. 6 . Adjoining premises would be protected against seriously detrimental uses by provisions for (surface water drainage, sound and site buffers. • 7 . The criteria for convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, minimizing traffic impacts on the streets has been met because a common driveway to access three flag lots will lessen traffic impacts since there will be less curb cuts than with three separate driveways. 8 . Parking and loading spaces are adequate. 9 . The relationship of structures and open space to the natural landscape and existing buildings is in compliance with the ordinance. 10. There will be no adverse impacts on the City's resources including the water supply and distribution system, sewage collection and treatment systems, fire protection and streets. 11. The technical performance standards have been met. The Planning Board voted unanimously to approve the Special Permits for three abutting flag lots under §6. 13 and a common driveway under §6. 12 to provide access to the three flag lots and to grant the requested waivers for site plan requirements, with the following conditions: 1. The common driveway shall not service more than three lots. 2 . The common driveway shall provide the only vehicular egress/access to the lots being serviced by it, and shall be so stated in the deeds to the subject lots and on the A.N.R. Plan. 3 . The common driveway: A. Shall have a width of at least fifteen (15 feet) and B. shall have passing turnouts providing a total width of at least 20 feet along a distance of at least 25 feet, spaced with no more than 300 feet between turnouts, and with the first such passing turnout being located at the driveway connection to the street. 4 . The A.N.R. Plans submitted to the Planning Board shall include the statement "Lots 10, 14 and 15 are Flag Lots: Building is permitted in accordance with the Special Flag Lot provisions of the Northampton Zoning Ordinance. " -2- a Pursuant to Mass. General Laws, Chap. 40A, §11, no variance, finding, 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 with the City Clerk and that no appeal 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 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. The Northampton Planning Board 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 Mass. 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 you wish to appeal this action, your appeal must be filed pursuant to M.G.L. Chapter 40A, Section 17 , with the Hampshire Superior Court and notice of said appeal filed with the City Clerk within twenty (20) days of the date this Decision was filed with the City Clerk. DECISION DATED: May 13 , 1993 DECISION FILED WITH CITY CLERK: May 27, 19:3 -3 - s • PLANNING BOARD MEMBERS SIGNATURES FOR APPROVAL: CAfuLts..) Chairman: Andrew Crystal ' ---r— k Andrew C c • stal S, "1/X' �ftva"re g s KRio . 4 ..._____ iane Welter Dan Yacuzzo M-4-,1.4-641 Ai—c—t,_C(p -c—' 7 (V\ "- r,io dels ri Zt.L4c ) lKennet Jodri Judith Hale Nancy Dus'au •• - ti Planning Board Meeting of 5/13/93 7 : 15 P.M. -- Public Hearing -- Request of Thomas Hanley for Special Permits and Site Plan Approval under §6 . 12, page 6-14 and §6 . 13 of the Northampton Zoning Ordinance for three abutting flag lots and to allow construction of a common driveway on the north side of Park Hill Road (Map 49, Parcel 14) . Andy Crystal opened the public hearing at 7 : 30 P.M. and read a copy of the legal notice which was published in the Daily Hampshire Gazette on April 29th and May 6th. Attorney Patrick Melnik represented the applicant. Melnik outlined the proposal for common driveway and flag lots, and noted that all the flag lots were at least 80, 000 square feet or larger. Melnik also noted that all the information is addressed on the plan with respect to the size of lots, location of driveway, and radius of driveway and curb. Dan Yacuzzo, site inspector, noted that the site was beautiful and the grade did not seem to be too severe. Joe Beauregard moved to close the Public Hearing. Nancy Duseau seconded the motion which passed unanimously. The Planning Board reviewed the criteria for granting a Special Permit and Site Plan Review and found that: Adjoining premises would be protected against seriously detrimental uses by provisions for surface water drainage, sound and site buffers. The criteria for convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, minimizing traffic impacts on the streets has been met because a common driveway to access three flag lots will lessen traffic impacts because there will be less curb cuts than there would be with three separate driveways. The parking and loading spaces are adequate. The relationship of structures and open space to the natural landscape, existing buildings is in compliance with the ordinance. There will be no adverse impacts on the City's resources including the water supply and distribution system, sewage collection and treatment systems, fire protection and streets. Technical performance standards have been met. Nancy Duseau moved to approve the Special Permits for three abutting flag lots and for a common driveway to provide access to the three flag lots and to grant the requested waivers for site plan requirements. Duseau noted that the criteria outlined in §6. 12 for vehicular egress/access to a lot and common driveway have been met, as had the criteria in §6. 13 for flag lot requirements. The following conditions were noted to be added to the Special Permits: -5- 1. The common driveway must be at least 15' in width as required by the ordinance. 2 . Plans submitted to the Planning Board under §6. 13 shall be the same as the plan submitted to the Planning Board, and shall include the statement "Lot(s) 10, 14, and 15 are Flag Lots: building is permitted only in accordance with the special Flag Lot Provisions of the Northampton Zoning Ordinance. Judy Hale seconded the motion which passed unanimously. -6 -