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PB Amendment DecisionPlanning - DecisionCity of Northampton Hearing No.:PLN-2006-0010Date: February 10, 2012 APPLICATION TYPE:SUBMISSION DATE: PB Special Permit with Major Site Pla8/30/2005 Applicant's Name:Owner's Name: NAME: NAME: DOUG KOHLDOUG KOHL ADDRESS:ADDRESS: 31 Campus Plaza Rd31 Campus Plaza Rd TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: HADLEYMA01035HADLEYMA01035 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (413) 256-0321 (413) 256-0321 EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: BURTS PIT RD SR(100)/ TOWN:ADDRESS: ACTION TAKEN: FLOREN CE MA 01062 Approved With Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 36068001 : TOWN:STATE:ZIP CODE: Book:Page: 0954355 PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: Amendment to cluster special permit, for Oaks subdivision, addition of two flag lots and common driveway and request for reduction in flag lot size under section 6.3 for dedication of open space. HARDSHIP: CONDITION OF APPROVAL: 1)1. All amended plans and permits shall be recorded prior to alteration of roadway alignment. This includes signatures and recording of subdivision plans. 2. Signs indicating "permanent easement/potential paved future bike/ped trail" with final language approved by the Office of Planning and Development shall be posted prior to the first lot sale or issuance of the first building permit. These permanent signs shall be maintained permanently by the homeowners' association. The homeowners' association documents shall be revised and recorded to include this requirement. The trail alignment shall be blazed across the driveway. 3. Easements for the public to pass and repass in the designated open space and along the future trail access shall be granted and recorded prior to issuance of first building permit. 4. Prior to issuance of the first building permit, the location of the school bus shelter shall be confirmed on a revised plan submitted to the Office of Planning and Development. The location shall only change if the Northampton School Department finds that the relocation is appropriate. 5. Prior to sale of any lots or issuance of any building permits, the CR language for the open space shall be approved by the city and recorded at the Registry. 6. All other conditions apply from original permit. Though not discussed as a permit condition, all requirements under Section 5.2 of the Zoning Ordinance for Common Driveways relating to recording of easement documents shall be performed prior to issuance of building permits for the flag lots associated with this common driveway. FINDINGS: This decision amends plans and the decision granted 6/20/2003. The original permit called for a cluster subdivision of 64 units on 54 lots. The modifications herein adjust lot lines and total number of units and lots resulting in 59 units on 55 lots. The decision is based on the following plans: 1. "The Oaks Subdivision", prepared by The Berkshire Design Group, Inc. Dated February 6, 2003, Revised 4/03, 5/03, 6/03, 12/04, 6/05, Resubmitted 8/22/05. Sheets 1-7, L1, L2.1-6, L3.1-2. GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc. Planning - DecisionCity of Northampton Hearing No.:PLN-2006-0010Date: February 10, 2012 In granting the amendment, the Board approved a waiver to allow existing vegetation to remain within a portion of the right of way that falls within the wetland buffer from station 32+00 to 35+00. Existing cover shall count toward the tree planting requirement so long as they are not setback further than 10' from the right-of-way and are shade trees of at least 2.5" caliper. The tree belt may also be reduced from 7' to 4'. The Board found that the request to alter the cluster and subdivision would meet the criteria as originally shown in the approved special permit and would not alter any other infrastructure requirements. The changes in the road alignment from station 29+00 to 35+00 will result in moving the subdivision road further from an existing residential structure in the abutting neighborhood, enhancing the quality, reducing the impacts of the subdivision on the neighborhood. The changes required a land swap that alter the boundaries of the project property and enabled the addition of two flag lots. The Planning Board found: A. The requested use protects adjoining premises against seriously detrimental uses. Sound and sight buffers and views, light, and air will be protected by proposed screens. B. The requested use will improve the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets. A bicycle/pedestrian connection will be granted from the street to the property boundary behind the new flag lots. The applicant does not propose any alterations to the traffic study originally submitted nor the mitigation offered in the original permit. 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 greater buffer will be created between the new road and the existing neighborhood with the changes approved. D. The requested use will not overload, the City's resources including the effect on the City's water supply and distribution system, sanitary and storm sewage collection and treatment systems, fire protection, streets and schools. Stormwater management will be handled on site as designed in the original cluster subdivision permit. The total number of units has been reduced by 5. E. The requested conforms to the requirements in Sections 5.2 for common driveways and 6.3 (3) for reduction in lot size to dedicate open space for the public. The area will be set aside for future potential public bike path connection to abutting properties and will have a permanent easment placed on it for this purpose. F. The requested use bears a positive relationship to the public convenience or welfare. The use will not unduly impair the integrity of the character of the district or adjoining zones, nor be detrimental to the health, morals, or general welfare. This project is designed to fit into the existing surroundings of large lots at the abutting residential subdivision. G. The requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives, as defined in City master or study plans which support new pedestrian connections to streets and neighborhoods. The amendment to the cluster does not change the character of the subdivision approved and will provide affordable units as approved previously. H. Compliance with the following technical performance standards: 1. Curb cuts onto streets have been minimized through creation of a common driveway to access the new flag lots. 2. Pedestrian, bicycle and vehicular traffic movement on site have been separated to the extent practicable. An easement granting pedestrian and bicycle access for the public has been granted through the site. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 9/8/20059/22/200510/13/2005 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 9/15/200511/3/20059/29/200510/13/200511/1/2005 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 9/15/20059/29/20059/29/200510/12/2005 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 9/22/20057:15 PM12/28/200512/28/2005 MEMBERS PRESENT:VOTE: Mark Sullivanvotes toGrant Francis Johnsonvotes toGrant George Kohoutvotes toGrant Keith Wilsonvotes toGrant Kenneth Jodrievotes toGrant David Wilenskyvotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Francis JohnsonKenneth Jodrie6Approved with Conditions GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc. Planning - DecisionCity of Northampton Hearing No.:PLN-2006-0010Date: February 10, 2012 MINUTES OF MEETING: Available in the Office of Planning & Development. I, Carolyn Misch, as agent to the Planning Board, certify that this is a true and accurate decision made by the Planning Board and certify that a copy of this and all plans have been filed with the Board and the City Clerk on October 12, 2005. 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 Planning Board may be made by any person aggrieved pursuant to MGL Chapt. 40A, Section 17 as amended within twenty (20) days after the date of the filing of the notice of the decision with the City Clerk. The date 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 the City of Northampton. GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc.