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PB Original DecisionPlanning - DecisionCity of Northampton Hearing No.:PLN-2002-0094Date: February 10, 2012 APPLICATION TYPE:SUBMISSION DATE: PB Special Permit with Major Site Pla3/7/2002 Applicant's Name:Owner's Name: NAME: NAME: CREATIVE DEVELOPERS INC.Lisa Beaulieu & Pamela Labrecque ADDRESS:ADDRESS: 84 WILLOW BROOK RD57 Bay Road TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: LONGMEADOWMA01106HADLEYMA01035 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (413) 323-5710 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: Project consists of a 64-unit cluster subdivision with three flag lots, common driveway, reduction of minimum lot size (lots 24, 25, 26 & 38) and reduction in rear setback(lot 24). HARDSHIP: CONDITION OF APPROVAL: 1)1. Final plans must be submitted that show compliance with these conditions prior to final endorsement. Covenants: 2. Covenants must state that snow removal on all sidewalks, roadways and emergency fire access road shall be by individual homeowners (sidewalks) or the Association, whichever is determined by the applicant. 3. As offered by the applicant, a covenant and easement to the City of Northampton, on behalf of the public, must be granted and written, at no additional consideration beyond this permit, such that a right-of-way is granted to the public for access along the roadways, the sixty-foot access easement on the easterly side of the property boundary, and emergency access road and sidewalks and shall state that at no time shall a gate be installed so as to block the public from passing and repassing along these areas. The covenants and the easement may not contain any restrictions to allowing future access to other roads and trails or any restrictions against City improvements the trails. 4. Covenants must include a statement that this road is a private way and shall not be petitioned to become a city right of way. This shall be listed as an irrevocable condition. 5. Covenants must include statement that at no time in the future may the residents petition the city to add street lights to the right-of-way. 6. A performance guarantee that conforms to Northampton Subdivision Rules and Regulations §6:06 (4) must be posted prior to endorsement of this plan. 7. Building permits may not be pulled until final plans and covenants reflecting all conditions herein have been submitted and endorsed and plans and covenants recorded. 8. Covenants must clearly state that the homeowners association is responsible for all maintenance, repair and replacement of the benches at the entrance to the project. Said design of the benches must be included in revised plans. GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc. Planning - DecisionCity of Northampton Hearing No.:PLN-2002-0094Date: February 10, 2012 Active construction: 9. All detention basins shall be created prior to the construction of the fire access road or the loop road around the isolated wetlands. Rough grading and erosion control elements may be put in place prior to this. These ponds must be inspected monthly and after each rainstorm. Sediments must be removed as necessary. Traffic: 10. As offered by the applicant, the applicant shall donate $100,000 to the City to be used for mitigation of traffic impacts related, directly or indirectly to the project. Said donation shall be made concurrent with the sale of the 49th unit, and prior to the construction of the 50th unit. If any formula is adopted by the Planning Board prior to this donation for future developments to pay for their traffic impacts which would ultimately have given a smaller burden on the developer, the donation shall be reduced to that consistent with that formula. Stormwater Management Facilities: 11. Maintenance of stormwater facilities shall be the responsibility of the Homeowner’s Association (HOA) and shall be in accordance with the stormwater management plan. This plan shall be recorded in the covenants submitted prior final endorsement. Inspections shall be by a qualified professional. 12. The Homeowner’s Association will be responsible for street sweeping in accordance with the Maintenance Plan. Receipts for street sweeping shall be submitted with the semi-annual reports required in condition #11. 13. Maintenance reports shall be submitted to the Office of Planning & Development after each recommended inspection indicating status of each element of the entire system under the HOA’s maintenance purview. Inspections shall be conducted in April and October with reports submitted to the Office of Planning & Development no later than May 15 and November 15 each year. If reports are not submitted within a month of these dates, the City shall have the right to utilize funds from the HOA’s stormwater account (described in #13) to perform inspections and contract appropriate maintenance in accordance with design and function of stormwater systems. 14. All catch basins should have 4’ sumps. Maintenance: 15. A bank account to be jointly held by the City and the Homeowner’s Association, capitalized with $8,000 to cover emergency expenses related to stormwater infrastructure (not for maintenance) shall be created by the HOA. The account must be established in a way that requires signatures from both the HOA and the City before the HOA may withdraw for capital expenses. If the City is required to withdraw funds for maintenance of the system, only a City signature is required. If funds are withdrawn for capital expenses related to the stormwater infrastructure, the account must be replenished within 3 months by assessing the HOA members appropriate fees to replace the amount withdrawn. Interest from the account, in excess of the $8,000 principal plus inflation, may be withdrawn by the HOA periodically. 16. The City will have a right to place a lien on any or all properties within the subdivision in order to recover the cost of maintenance for stormwater facilities, snow removal on sidewalks throughout the subdivision and any part of the street network that is not public. 17. The above provisions shall be documented in restrictive covenants for the subdivision prior to the final endorsement of these plans. 18. Covenants shall include provision for all maintenance requirements as identified in this conditional approval. Open Space: 19. Prior to the construction of the road a conservation restriction approved by the Secretary of Environmental Affairs must be recorded for the open space shown on the plans, including. In order to meet the state requirements for recording a conservation restriction, the public benefit test shall be met by dedicating the public access easement/trail, as shown on the plans abutting lot 25 for public access, with the City holding the right to improve the trail. 20. Prior to issuance of a building permit for lot 25, a sign must be posted by the developer indicating open space access point from the road along this public trail. GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc. Planning - DecisionCity of Northampton Hearing No.:PLN-2002-0094Date: February 10, 2012 21. Prior to issuance of a building permit for lot 25 landscaping along the side lot line of shall contain sufficient enough vegetation to clearly indicate the boundary of this lot and the boundary of the width of the open space access. Easements/Other: 22. Prior to endorsement, easement documents must be approved showing affordability for 99 years for the 8 designated affordable units. 23. Prior to construction on lots, private water line maintenance easements for the private dead-end line must be recorded prior to construction on lots 12-20 & 50-55. The language must clearly state that this is not part of the municipal water system and must be privately maintained. A copy of the recorded easement showing the maintenance and access to the private water line as shown on plan sheet L2.2 shall be submitted to the OPD. This document shall clearly describe that maintenance is the responsibility of the homeowners and shall at no time become the responsibility of the City. 24. Final plans must show location of utilities providing for cable tv, electric, gas, phone, fiber optic, etc.. as required in the subdivision rules and regulations. 25. In accordance with 6:03 (10), GPS control points must be identified. Vertical and horizontal, control points must be certified by a surveyor to be accurate within one centimeter, prior to final endorsement. Monuments must be placed at these points. Water--all changes in this section must be shown on revised plans (mylars and copies) submitted to the Planning Board prior to the release of any covenants or performance guarantees. 26. A water tank and pump unit that has backup power supply must be NFPA 13 compliant for lots 21- 49. 27. Shut-offs and gate valves and triple gating for the waterline shall be shown on the plans. 28. Waterline shall be triple-gated at Burts Pit Road and shown on the plans. 29. The private waterline easement must extend to the tap into the proposed water main. Additional gates will be required and must be shown on the final plans. 30. The Hydraulic Analysis submitted by Dewberry-Goodkind, Inc. must be stamped by a Professional Engineer, and submitted to DPW, prior to final approval of the subdivision plan. Hydraulic Analysis must be revised to reflect actual numbers of units proposed within the subdivision, and changes of elevations based upon revisions submitted. 31. All water usage will be required to be metered (including houses with wells) as follows: A. Single-family dwellings on public water system shall be allowed 1 service connection that will run through the water meter (to be located within the dwelling). B. Two-family dwellings that are to be rental units (apartments with 1 owner) shall be allowed one service connection/lot and 1 meter/lot. C. Two-family units that are to be condominiums (more than 1 owner), shall be allowed two service connections and two meters (1/unit). D. Single-family and/or two-family units that will be serviced by a private well shall be required to have a meter connected to the well and be installed within the dwelling. This shall be required for the purpose of determining proper sewer service billing charges. 32. A hydrant and gate assembly will be required to be installed at the end of both 6" "private" water lines, for water quality purposes. A. Hydrants used shall be per the standards and specifications of the DPW. B. Applicants shall consult with the DPW regarding proper flushing procedures, and schedules for flushing of water lines. C. Homeowners Association Documents shall reflect ownership and maintenance of the hydrants and 6" "private" water lines (2) are not the responsibility of the City, but of the Homeowners Association. 33. As the water supplied to the "private" water lines will be supplied by the city, each lot serviced off of the "private" water line will be required to have a shut-off gate installed, within the easement line. A. An agreement shall be drafted, submitted to and approved by the DPW that grants an easement to the DPW that allows for access to the shut-offs for service and emergencies and the ability to terminate water service for non-payment of a water bill. 34. As the water supplied to the "private" water line is to be supplied by the city, no tie-ins and/or GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc. Planning - DecisionCity of Northampton Hearing No.:PLN-2002-0094Date: February 10, 2012 services to the "private" 6" water mains shall be made without proper notification to and approval by the DPW. 35. The 8" public water main located within the emergency access shall be laid within the centerline of the pavement, not off to the side of the pavement. 36. One hydrant and gate assembly shall be required to be installed approximately halfway down the emergency access. 37. Hydrant at Station 5+84 must be relocated to Station 3+50 +/-. 38. A plan showing all proposed changes to utilities should be submitted to an approved by the DPW prior to Planning Board issuing final approval for the Definitive subdivision plan. Sewer: 39. The final sanitary sewer line must be designed to avoid excessive steepness, which could impair the ability of the line to function without clogging. Said changes or documentation that this has been completed must be shown on the final plans prior to the release of any covenants or performance guarantees. FINDINGS: The Planning Board GRANTED the Special Permit for Cluster Development, common driveway and three flag lots based on the following plans and information submitted with the application, as amended by any conditions attached to this permit: Unless otherwise noted, all plan sheets identified below are prepared for The Oaks, Northampton, MA, prepared by Heritage Surveys, Inc., dated February 4, 2003. 1. "General Site Plan & Key Sheet for Definitive Plans" Sheet No. 1 of 7. 2. "Definitive Subdivision Plan" Sheet No. 2 of 7. 3. "Definitive Subdivision Plan" Sheet No. 3 of 7. 4. "Definitive Subdivision Plan" Sheet No. 4 of 7. 5. "Definitive Subdivision Plan" Sheet No. 5 of 7. 6. "Topographical Plan of Land in Northampton, MA" surveyed for Creative Developers, Sheet No. 6 of 7, prepared by Heritage Surveys, Inc., dated August 1, 2001. 7. "Topographical Plan of Land in Northampton, MA" surveyed for Creative Developers, Sheet No. 7 of 7, prepared by Heritage Surveys, Inc., dated August 1, 2003. Unless otherwise noted, all plan sheets identified below are prepared for The Oaks, Northampton, MA, prepared by The Berkshire Design Group, Inc., dated February 6, 2003 and revised on May 29, 2003. 8. "Overall Plan, The Oaks, Northampton, MA" Sheet No. L1. 9. "Plan & Profile, The Oaks, Northampton, MA, Definitive Plan" Sheet No. L2.1. 10. "Plan & Profile, The Oaks, Northampton, MA, Definitive Plan" Sheet No. L2.2. 11. "Plan & Profile, The Oaks, Northampton, MA, Definitive Plan" Sheet No. L2.3. 12. "Plan & Profile, The Oaks, Northampton, MA, Definitive Plan" Sheet No. L2.4. 13. "Plan, The Oaks, Northampton, MA, Definitive Plan" Sheet No. L2.5. 14. "Utility Easement Plan & Profile, The Oaks, Northampton, MA, Definitive Plan" Sheet No. L2.6. 15. "Site Details, The Oaks, Northampton, MA, Definitive Plan" Sheet No. L3.1. 16. "Site Details, The Oaks, Northampton, MA, Definitive Plan" Sheet No. L3.2. 17. "The Oaks Residential Subdivision- Definitive Subdivision Approval Supplementary Information" prepared by The Berkshire Design Group, Inc., dated April 7, 2003. 18. "The Oaks Residential Subdivision - Definitive Subdivision Approval Supplementary Information" prepared by The Berkshire Design Group, Inc., dated May 29, 2003. GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc. Planning - DecisionCity of Northampton Hearing No.:PLN-2002-0094Date: February 10, 2012 FINDINGS: In Granting the Special Permit, the Planning Board found: A. The requested use, for cluster development, common driveway and three flag lots, protects adjoining premises against seriously detrimental uses because the use is permitted within Suburban Residential zone and all zoning requirements have been met. The wooded open space is proposed to surround and buffer the residential cluster. The applicant has made provisions for surface water drainage and has addressed other detrimental uses as depicted on plans and information submitted with the application B. The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, minimize traffic impacts on the streets and roads in the area because pedestrian and vehicular movement will remain separate by incorporating sidewalks, crosswalks and a waiting area for school children. A detailed traffic study was performed by Fuss & O'Neill, Inc. This traffic study concluded that the traffic generated by the subdivision would not have a measurable impact on the existing levels of operation of intersections in the study area. C. The requested use will promote a harmonious relationship of structures and open space to the natural landscape, existing buildings and other community assets in the area because the majority of the site will be permanently preserved as open space. Easements have been provided to accommodate future trail systems. D. The requested use will not overload, and will mitigate adverse impacts on 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 because the project has been designed in conformance to the Northampton Subdivision regulations. A detailed drainage report was performed and it was determined that no detrimental downstream impacts will occur as a result of the proposed subdivision. The Homeowners Association will be responsible for maintenance of all stormwater components. E. The requested use meets all special regulations set forth in Sections 5.2, 6.3, 6.12, 6.13 &10.5 of the Northampton Zoning Ordinance based on plans and conditions attached to this permit. F. The requested use bears a positive relationship to the public convenience or welfare because it will provide 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 because the use is consistent with the zoning and adjacent uses. The use will be 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 effect those objectives, as defined in City master or study plans adopted under M.G.L. Chapter 41, Section 81-C and D because the open space cluster design is consistent with the Northampton vision through enhancing residential life with the expansion of open space and recreation while preserving significant resources. In addition, eight units will be sold as affordable housing units in keeping with Vision 2020 long-term plan. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 4/17/20035/1/20036/26/2003 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 4/24/20035/11/20026/12/20036/12/20037/10/2003 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 4/24/20035/8/20036/12/20036/20/2003 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 5/1/20037:00 PM8/9/20028/9/2002 MEMBERS PRESENT:VOTE: Julie Hooks Davisvotes toGrant George Kohoutvotes toGrant Keith Wilsonvotes toGrant votes toGrant Kenneth Jodrievotes toGrant David Wilenskyvotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Keith Wilson6Approved with Conditions MINUTES OF MEETING: Minutes are available in the Office of Planning & Development. GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc.