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15-016 352 Spring Street Re Land/Buildings11 PLANNING AND DEVELOPMENT • CITY OF NOR N Cit,VHA • sio main Street • Nortiampton,MAozo6o • (413)587 -1266 • F=4 waNreRiden,Director • email: planning@citv.northampton.ma.us • internet :www.citg.northampton.ma.m DECISION OF NORTHAMPTON PLANNING BOARD APPLICANT: Harris & Julie Thompson 352 Spring Street Northampton, MA 01060 m> OWNER: Harris & Julie Thompson'. = t , ADDRESS: 352 Spring Street Northampton, MA 01060 RE LANDBUILDINGS AT: 352 Spring Street P g (= r a rriC �.. MAP AND PARCEL NUMBERS: MAP #15;16C PARCEL CD 16 & 19;1 & 2 y At a meeting conducted on November 18, 1999, the Northampton Planning Board unanimously voted 6:0 to GRANT the request of Harris & Julie Thompson for Special Permits with Site Plan Approval for 1) an Open Space Residential Development, 2) excavation within three feet of the ground water table in a Water Supply Protection District and 3) a common - - - driveway to serve three lots, under the provisions of Sections 6.12, 10.10, 10.11, 11.4 and 16.7 in the Northampton Zoning Ordinance for property located at 352 Spring Street, as shown on the following plans, as they may be amended by conditions attached to this permit: 1. `New Harmony Properties, Inc., Northampton, MA, General Site Plan, Sheet No. 1.0," prepared by William A. Canon. (Received in the.City Clerk's office on September 20, 1999) 2. "Plan of Land in Northampton, Massachusetts, Prepared for New Harmony Properties, Inc.," by Harold L. Eaton and Associates, Inc. dated September 17, 1999. 3. "New Harmony Properties, Inc., Northampton, MA, General Site Development Plan for Lot Area, Sheet No. 2.0," prepared by William A. Canon and dated September 14, 1999. 4. "New Harmony Properties, Inc., Northampton, MA, Site Layout, Grading;& Utilities Plan for Lot Area, Sheet No. 3.0," prepared by William A. Canon, dated September 14, 1999. 5. "New HarmonyProperties, Inc., Northampton, MA, Site Details, Sheet No. 4.0," . prepared by William A. Canon, dated September 14, 1999. Planning Board Members present and voting were: Vice Chair Val Romano, Kenneth Jodrie, Rick Marquis, M. Sanford Weil, Jr. and Associate Members Orlando Isaza and Alton Neal. 1 .. planning board • conservation commission • zoning board o o f appeals • housing partnership . redevelopment authority • economic development • communitrydevelopment • historicdistrictcommission •historicaIcommission • northampton GIS cn#inaf prirntedon recycled paper 0 In Granting the Special Permits with Site Plan Approval, the Planning Board found: A. The requested use for a four -lot subdivision including a common driveway protects adjoining premises against seriously detrimental uses because it is a relatively low - density residential use allowed with a Special Permit in the URA zoning district, and the applicant has made adequate provisions for surface water drainage, as depicted in plans and information on file in the Office of Planning & Development. The development provides for the permanent protection of an existing open meadow and includes the donation of a thirty-two acre parcel of land to the City for conservation/open space purposes. B. The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and minimize traffic impacts on the streets and roads in the area because the use of the common driveway will minimize the number of new curb cuts on to City streets. C. The requested use promotes a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area because the proposed homes have been sited to maintain the existing open meadow visible from Spring Street. D. The requested use will not overload the City's resources, including the City's water supply and distribution system, sanitary and storm sewage collection and treatment systems, fire protection, streets and schools. E. The requested use meets all special regulations set forth in the Zoning Ordinance under Section 6.12 and 16.7. (See Exhibit A) F. The requested use bears a positive relationship to the public convenience or welfare by providing additional housing. 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 is in harmony with the general purpose and intent of the Ordinance. . G. The requested use will promote City planning objectives to the extent possible and will not adversely affect those objectives, as defined in City master or study plans adopted under M.G.L. Chapter 41, Section 81 -C and D. 2 In addition, in reviewing the Site Plan submitted with the application, the Planning Board found that the application complied with the following technical performance standards: 1. Curb cuts onto streets are minimized because only one new curb cut is requested. -- -- -- .. -. - -- - - -- 2.. - - -- Pedestrian, bicycle and vehicular traffic are separated on site to the extent possible. 3. Drainage from the project will discharge into a City storm drain system which the Planning Board has found can accommodate the expected discharge with no adverse impacts. The following conditions were imposed upon this project: 1. The applicant shall submit a revised set of plans showing the items discussed during the Planning Board hearing on November 18, 1999, including an easement encumbering Lot 2 to Lot 3 (for access to Conservation Parcel #3 as shown on the plan), the strip of land along Spring Street to be conveyed to the City of Northampton for utility purposes, and an easement in favor of Lot 4 to provide access to the open space in the back. Revised plans shall be subject to review and approval by staff. 2. All applicable easements, including the easement in favor of Lot 4, must be -- -- -- -= -- contained in all of the deeds to the-subject lots. The applicant shall submit copies of the proposed deeds to the Office of Planning & Development to become a permanent part of the file. 3. The document entitled, "Declaration of Restrictions and Association ByLaws for New harmony Properties, LLC - Spring Meadow Properties," (as submitted to the Planning Board on November 18,1999) shall be properly recorded in the Hampshire County Registry of Deeds. 4. The Order of Conditions issued by the Northampton Conservation Commission on November 18,1999 to New Harmony Properties, Inc. is hereby incorporated by reference into this permit. 5. The applicant must comply with all DPW requirements. 6. The applicant must submit a Form A application showing the conveyance of a right -of -way for Spring Street highway /utility purposes to the City of Northampton. 7. This permit is subject to City Council approval of the donation of a parcel of land for open spacelconservation purposes, as offered by the applicant. [Shown as Conservation Parcels #1, 2 and 3 on the cited plans] _- 8._. — _ Commercial fertilizers, pesticides and herbicides shall not be used in - - - - -- – amounts which result in groundwater contamination, in accordance with Section 16.5 of the Zoning Ordinance. The Planning Board found the project meets the criteria under Section 6.12 and Section 16.7 of the Zoning Ordinance as follows: Section 6.12 Vehicular Egress /Access to a Lot and Common Driveway 1. Said common driveway does not serve more than three (3) lots. 2. Said common drive provides the only vehicular egress /access to the lots being served; and this shall be so stated in the deeds to the subject lots. 3. The grade, length and location of the common drive is of suitable construction, in the opinion of the Planning Board, for the access and turn- around of the number and types of vehicles which will be utilizing such driveway. The driveway: 1. Has a width of at least fifteen (15) feet, 2. Has 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, with the first such passing turnout being located within three feet of the driveway connection to the street, 3. Has met the prior approval of the DPW and the Fire Department, and 4. Conforms to all other driveway requirements of the Zoning Ordinance. Section 16.7 Uses by Special Permit: The Planning Board finds that the proposed use: 1. Is in harmony with the purpose and intent of this By -Law and will promote the purposes of the Water Supply Protection District; 2. Is appropriate to the natural topography, soils and other characteristics of the site to be developed; 3. Has adequate public sewerage and water facilities. 4. Will not, curing construction or thereafter, have an adverse environmental impact on groundwater resources in the district; and 5. Will not adversely affect the existing or potential quality and quantity of water in the Water Supply Protection District. CERTIFICATE OF SERVICE Pursuant to M.G.L. Chapter 40A, Section 11, I, Laura Krutzler, Board Secretary, hereby _ certify that.I caused_copies of this decision to be mailed, postage- prepaid, to the applicant - - - - - - -- - - and owner on December 6,1999. 4 o 1 Planning Board - Decision City of Northampton File No.: PL -1999- Date: November 18, 1999 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 Special Permits with Site Plan Approval have been DENIED 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: Harris and Julie Thompson - 352 Spring Street DECISIONDATE: November 18, 1999 DECISION FILED WITH THE CITY CLERK: December 6, 1999 U DEC 6 1999 CITY CLERKS OFFICE NORTHAMPTON, MA 01060 December 28, 1999 I, Christine Skorupski, City Clerk of the City of Northampton, hereby certify that the above Decision of the Northampton Planning Board was filed in the Office of the City Clerk on December 6,,1999, that twenty days elapsed since such filing and th no appeal has been in this matter. ® c 9 Attest: City Cle City of Northampton