09-006 390 Kennedy Road ZoningCITY OF NORTHAMPTON
ZONING PERMIT APPLICA,,,)N
s Zoning Ordinance Section 10.2
Owner
r L. DeRose
Address 28 Prospect Ave., Northampton
Telephone 584 -5000
r 4. DeRose
Address 2 pect Ave.
Telephone 584
This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations:
(Z.O. ARTICLE VI)
Zoning
District
Use
Lot
Area
Front
Width
Depth
Setbacks
Max. Bid.
Cover
Min. Op.
Space
Front
Side
Rear
'
Past RR
Existing SF
130-45
acres
feet
varies
to 28
1
f eet
3
feet
1
feet
.076 ' %
99.9
Present RR
Proposed SF
130.1.5
acres
2$50
feet
varies
to 2854
1000
fee
325
feet
1 75
feet
,076 %
99.92 °�°
Mark the appropriate box to indicate the use of the parcel:
O Non - Conforming Lot and /or Structure. Specify
ZI Residential
O Business
• individual
• institutional
O Subdivision
®Single Family Unit
D Duplex
D Regular
D Cluster
OMulti- Family
O Other '
O P.U.D.
O Other
O Subdivision with "Approval- Not - Required " - Stamp:
❑ Planning Board Approval:
O Zoning Board Approval (Special Permit 10.9: Variance)
O City Council (Special Exception S. 10.10)
Watershed Protection District Overlay: (Z.O. Sect. XIV) O Yes Z No
Parking Space Requirements: ( Z.O. Sect. 8.1) Required 2 Proposed 2
Loading Space Requirements: ('i-".0. Sect. 8.2) Required U P roposed
Signs:•(Z.O. Art. VII) O Yes M No.
Environmental Performance Standards: (Z.0. Art. Xil) O Yes M No
Plot Plan
(S.10.2)
:D Yes D No
This section for OFFICIAL use only:
O Approval as presented:
p Modifications necessary for approval:
Site Plan O Yes Z No
(S. 10.2 and 10.11
Waiver Granted: Date p
0 Return:
lk De
(More information needed)
1 0/26/39
Signature of Applicant Date
c
C.
Signature of Admin. Officer ate
\...1
APPLICATION TO THE CITY OF NORTHAMPTON
;T=ONING BOARD OF APPEALS
FOR VARIANCE OR SPECIAL PERMIT
l
DEPT.
N () BUILDING INSr`r'I
�.r...,.,T AMPTQN, MA ' t rds
This application folder includes an application form, addressed to the City of Northampton Zoning
Board of Appeals, requesting the granting of a VARIANCE or a SPECIAL PERMIT and information
intended to assist the applicant in properly completing the application.
The application must be completed using a typewriter or hand printed block -type letters. All numbered
items on the application must be completed. When completed and signed by the applicant, the application
should be submitted to the Building Inspector for filing. Even though received, the application will not be
considered "filed" with the Building Inspector until it has been reviewed to insure proper completion.
A review of the application will be made within two business days from the date received by the Building
Inspector. The applicant will be notified of any additional information required.
Applicants seeking a VARIANCE should note that the Zoning Board of Appeals has the power to
authorize a variance from the terms of the applicable zoning ordinance where the Board determines that
the applicant has met all requirements set forth in Massachusetts General Laws, Chapter 40 A, Section 15.
Reference should be made to applicable Massachusetts Law and to Chapter 44 of the Revised Ordinances
of the City of Northampton, Massachusetts, 1959, as amended.
Applicants seeking a SPECIAL PERMIT should refer to the Table of Use Regulations contained in
Chapter 44 of the Revised Ordinances of the City of Northampton, Massachusetts, 1959, as amended,
which indicates uses which require special permits in particular zones. The general and specific condi-
tions which must be met to obtain a special permit are set forth in Section 10.9 (3) of the above referred to
Zoning Ordinances.
The Zoning Board of Appeals is required to hold a public hearing to consider the merits of each
application. A notice of the public hearing will be published in the appropriate newspaper and written
notice thereof given to those legally entitled thereto. A copy of the rules adopted by the Zoning Board of
Appeals for the conduct of its public hearing is filed in the Office of the City Clerk. The applicant should
familiarize himself with these rules prior to attending the public hearing.
THE: BURDEN IS UPON THE APPLICANT TO PROVE THROUGH THE WRITTEN APPLICATION
ANDORAL PRESENTATION AT THE PUBLIC HEARING THAT ALL OF THE LEGAL REQUIREMENTS
CONTAINED IN THE APPLICABLE STATUTES AND ORDINANCES ABOVE REFERRED TO HAVE
BEEN SATISFIED. FAILURE TO SUSTAIN THIS BURDEN MAY PREVENT THE APPLICANT FROM
REAPPLYING FOR TWO YEARS.
APPLICATION INSTRUCTIONS
1. State name and address of applicant.
2. State name and address of the owner of property.
3. Indicate applicant's standing to apply.
4. Indicate whether this is an application for a variance or for a special permit. If you are making
application for both, use a separate form for each (only one fee will be required). You -may apply for
more than one variance or more than one special permit on the same form. If other, so indicate and
explain.
,%IPWI "'/
5. Location of property should be indicated by street address; where the property is situated i,e. sQu1h,
side of South Street; and with reference to the sheet numbers and parcel numbers as designafed on'
the assessors' tax maps.
6. Indicate the zone in which the property is located.
7. State as concisely as possible the work you propose to undertake and /or your proposed use of the
property should your application be approved.
8. SITE PLAN/ PLOT PLAN: The applicant is required as part of this application to submit a site/ plot
plan drawn AS NEAR TO SCALE as possible showing the lot boundaries, dimensions of existing
and /or proposed buildings and the distances from said buildings to said lot boundaries and all in-
formation relevant to the consideration of the application. A copy of the site /plot plan should ac-
company each copy of the application required to be filed. When the applicant is required under
Section 10.11 of the Zoning Ordinance to file a site plan, a plot plan is not required.
9. Applicant should state sufficient reasons upon which the Board of Appeals can base a finding that
the applicant has met the requirements as set forth in either the General Laws of Massachusetts or
the Zoning Ordinance of the City of Northampton, Massachusetts. Applicant should review these
requirements prior to completing this item. (Attach additional sheets, if necessary)
10. Notice of the public hearing is required to be mailed, postage prepaid, to
all "parties in interest" as defined in Massachusetts General Laws, Chapter
40A, Se:tion 11. "Parties in interest ", as used in this chapter, shall mean
the petitioner, abutters, owners of land directly opposite on any public or
private street or way, and abutters to the abutters within three hundred feet
of the property line of the petitioner as they appear on the most recent app-
licable tax list, notwithstanding that the land of any such owner is located
in another city or town, the planning board of the.city or town, and the
planning board of every abutting city or town."
11. Read and sign the application. if the applicant is a corporation, partnership, trust or other business
entity, a duly authorized officer should sign. An attorney or other duly authorized representative of
the applicant may sign on behalf of the applicant.
ADDITIONAL COPIES: In addition to the original application form eleven copies of the complete
application are required. It is the responsibility of the applicant to provide these copies.
FILING FEE: A filing fee of $75.00 for a variance, $50.00 for a special permit, plus $2.00 per abut-
ter listed, is required to be paid upon the filing of the application with the Building Inspector.
The applicant should be aware that if the application is approved, the Board of Appeals may, in its
discretion, and in addition to any applicable conditions specified in the zoning ordinances, impose
such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or
serve the purposes of the zoning ordinances. Such conditions will be imposed in writing and the
applicant may be further required to post bond or other security for compliance with said conditions
in an amount satisfactory to the Board.
FOR ADDITIONAL INFORMATION, CONTACT:
City of Northampton Building Inspector City of ftrthampton
Room100,Municipal Office Building or Zoning Boar o Appeals Office
212 Main Street Room 102, Mnicipal Office Building
Northampton, Massachusetts 01060 212 Main Street
Northampton, Massachusetts 01060
PAR( L L f. SHEE / 9
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AE'r Of BUILDING IIV� gPE jM
AMPTq` 1060
HOU5L
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- Imlniff Filed - -.
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Application Number: % 1
Rec'd. ZBA Ma p(s) Parcel (s)
AP LiCA NP3+MfiT�'_1V1 TO THE CITY OF NORTHAMPTON BOARD LS:
- -
1. Name of Applicant Peter L. DeRose
Address 28 Prospect Ave-, Northampton, MA
Owner of Property Peter L. DeRose
Address 28 Prospect Ave., Northampton, MA
3. Applicant is: XOwner; ❑Contract Purchaser; ❑Lessee; ❑Tenant in Possession.
4. Application is made for:
El VARIANCE from the provisions of Section page of the Zoning Ordinance of the
City of Northampton.
50 SPECIAL PERMIT under the provisions of Section 6 .1 2 page 6"11 of the Zoning Ordinance
of the City of Northampton.
EIOTHER: nn
5. Location of Property 39D A&i-1 e-4 Sri being situated on
the ` d'ps side of Kennedy Road P ' Street; and shown on the Assessors' Maps,
Sheet No. IL , ParceI(s) 6
Access across Sheet ;', Parcel 6
6. Zone- RR
7. Description of proposed work and/or use; To use existing common driveway
for construction and access to single family home
8.(a) Sketch plan attached; : P Yes 0 N
(b) Site plan: ❑ Attched 21 Not Required
9. Set forth reasons upon which application is based: Driveway constructed jointly 17
10. Abutters (see instructions; list on reverse side of form).
12. 1 hereby certify that information contained herein is true to the b st o my knowledge.
Date 1.0/26/$9 A pplicant's Signature d
Assessor's Map
11. List of Abutters: Address Sheet No. Parcel
1. Re ks ,i� p Flect '* . ble River Rd Leeds 010'''3 9 2
Donald L. Brooks 332 Kennedy Rd. Leeds 01053 T .
3
D onald h. & jeanette U.
Gougeon / BNE West
> r
Leeds 01053
9
-. *' .'` -!
5
L awrence W. & Esther 1 1.
32� Tenneay
Leeds 01053
9
11
4 Haf
ey
Nelson E• & Doris C.
362 Kennedy
3
5
Nordqu�is
Leeds 01053
10
6,
Wendell -8. & Marilyn
Roberts
enne y
Leeds 01053
10
4
Jeffrey D. & Dana M.
Bardwells Ferry Rd.
7
Gordon
Conway, MIA 01341
10
5
g
J udith nace
Lococo Jr.
oo hi
Westhampton, MA 01027
10
14
Irving M. Clapp, Exe U W
C/o John Sarafin, 1051
Chesterfield Rd.
9.
J & John Sarafin
Northampton, MA 01060
14
1
Irving M & Ella J Clapp
if
10.
( k John Sarafin
I L
9
,J ean
Dorothy S
163 Kennedy Road
11.
T.Prid
Leeds 01053
14
7
If
_�
14
8
12.
Raymond F. & Martha B.
120 Kennedy Road
16
13.
Gatuogno
Leeds 01053
14
LE
Merle L. & Ruth C. 64 Kennedy Road
15. Ta y lor Leeds 01053 14 1
M
8
01b 21+1 0 fi V oU
18.
19.
20.
21.
22. T I 2 6 1989
23. nil
DEPT. Of BUILDING INSPECTIONS
24. NORTH
25:
26.
27.
28.
Fat]
30.
(Attach additional sheets, if necessary)
- t
U1 I Y OF NORTHAMPTON
ZONING PERMIT APPLICA,
f Zoning Ordinance Section 10.2
:. �
Map No Lot
t �i�e� _ 8
o. Plan File
Peter L. DeRose �} , i oc gull DING I4SPE
Owner . _ � IN 01 L. DeRose
Address 2$ Prospect Ave., Northam pton� y Address 28 Prospect Ave.
Telepho 5$4 -5000 Telephone 584 -5000
This sec is to be filled out in accordance with the "Table of Dimensional and Density Regulations:
(Z.O. ARTICLE VI)
Zoning
District
Use
Lot Front Setbacks
De
Area Width Front Side Rear
Past F IR
Existing SF
130.45 5 varies 1 325 1
acres feet to 28 ' feet feet fee
Present RR
Proposed SF
1 30.4.5 2850 varies 1000 325 1 75
acres feet to 285 ' fee feet feet
Mark the appropriate box to indicate the use of the parcel:
❑ Non - Conforming Lot and /or Structure. Specify
.I) Residential
❑ Business
❑ individual
❑ Institutional
Max. Bid.
_C over
.076 ' Rio
Min, Op.
Space
99-924%
.076 % 1 99.924 %
®Single Family Unit OMul Family
❑ Duplex -- � p Other
XE "',
❑ Subdivision ❑ Regular G(?fiLg4'• 19"
❑ Cluster ❑ Other
❑ Subdivision with "Approval- Not - Required " - Stamp OFFICE OF PLANNING
❑ Planning Board Approval: & DEVELOPMENT
❑ Zoning Board Approval (Special Permit 10.9: Variance) ,
❑ City Council (Special Exception S. 10.10)
Watershe Protection District Overlay: (Z.O. Sect. XIV) ❑ Yes Z No
Parking Space Requirements: ( Z.O. Sect. 8.1) Required 2 Proposed 2
Loading Space Requirements: (Z.O. Sect. 8.21 czn".I —A .
51gns: (Z.O. Art. VII) ❑Yes - l& No.
Environme Performance Standards: (Z.O. Art. XII) ❑ Yes M No
Plot Plan, :p Yes ❑ No
(S.10.2)
This section for OFFICIAL use only:
❑ Approval as presented:
p Modifications necessary for approval:
❑ Return: (More information needed)
Denial: Reasons:
10/26/89
Signature of Applicant Date
Site Plan ❑ Yes Z No
(S. 10.2 and 10.11
Waiver Granted: Date ❑
Signature of Admin. Officer
Dale'
O
W
`ft r
,, W�
Application Number: I V
t
2. Owner of Property Peter L. DeRose
Address 28 Prospect Ave., Northampton, MA
3. Applicant is: XOwner; ❑Contract Purchaser; ❑Lessee; ❑Tenant in Possession.
4. Application is made for:
El VARIANCE from the provisions of Section page of the Zoning Ordinance of the
City of Northampton.
50SPECIAL PERMIT under the provisions of Section 6 .1 2 page 6--11 of the Zoning Ordinance
of the City of Northampton.
EIOTHER:
5. Location of Property � ��� 7'1P / /s� A being situated on
the 1 " side of Kennedy Road Street; and shown on the Assessors' Maps,
Sheet No. IL , Parcel(s) 6
Access across Sheet 9, Parcel 6
6. Zone_ RR
7. Description of proposed work and/or use; To use existing, common driveway
for construction and access to single family home
8. (a) Sketch plan attached; : p Yes ❑ No
(b) Site plan: ❑ Attched ® Not Required
9. Set forth reasons upon which application i$ b ased, Driveway constructed jointly 17
years ago for this intended` urpose� New regulations now require specia
parmit for me to construct a new single family home.
10. Abutters (see instructions; list on reverse side of form).
12. i hereby certify that information contained herein is true to the st of my knowledge.
Date 10 A pplicant's Signature
1. Name of Applicant Peter L. DeRose
Address 28 Prospect Ave., Northampton, I--IA
11. List of Abutters:
Address
Assessor's Map
heet No. Parcel .
2
Donald L.
Brooks
332 Kennedy Rd. Leeds 0 1053
9
°..
Donald xo
& Deanette
Oz.
:..":
3
Gougeon /
BNiiJ West
Leeds 01053
9
5
Lawrence W. Esther
III. enne y a.
4.1faf ey
Leeds 01053
9
11
Nelson E.
& Doris C.
362 Kennedy .
5
Ford uist
Leeds 01053
10
3
Wendell-S.
& Mari y
J - 3 enneay .
6.
Roberts
Leeds 01053
10
4
Jeffrey D.
& Dana M.
ar we s Ferry Ed.
7.
Gordon
Conway, MA 01341
10
5
Judith
pace
o0 1
8.
Lococo Jr.
Westhampton, MA 01027
10
14
91
Irving M. Clapp, Exe U W C o John Sarafin, 1051 Chesterfield Rd.
_Joan & John Sarafin Northampton, MA 01060 14 1
Irving M & Ella J Clapp
10. jnnn f' . 9- .Tnhn Rp rn f i n 7 4 9
Dorothy S 163 Kennedy Road
11. T,arir1 Lee 07053 14 7
12. tf 11 . 8
Raymond F. & Martha B. 120 Kennedy Road
13. Ca tuoZno Leeds 01053 14 16
14. 14
19
Merle L. & Ruth C. 64 Kennedy Road
15. Taylor Leeds 01053 14 17
..
16
I
dlwl
M
17. `L Lf�`JS" 4lrJS'� 6
18.
19
20
21
22
23.
24.
25.
26.
27.
28.
29.
30
(Attach additional sheets, if necessary)
N O W
ar
pA p I
SHEL I
t Of
ON
ryl
1 400
NUS f6
PARCEL 6 sIICJ r /,I-
Q
I b
ry
Acid
Angle Irons
Areaways
Blocks
Cinder
Concrete
Norlife
Bilco Doors
Bricks:
Face
Common
Roman
Fire
Bonding Agents
Caullings
Cement
Cement Colors
Dampers
Expansion Joints
Fleshings
Floor Hardeners
Flue Linings
Glass Blocks
Lime
Neils
Orangeburg Pipe
Polyethylene
Sealers
Sewer Pipe
P
Shur -Klean j r 1
Steel Rods
Steel Sash
Tools
United States Gypsum:
Plasters
Lime
Wafer Stops
Wire Lath
Wire Mesh
Quality
Tested
JOSEPH LOCOCO & SON
CINDER, NORLITE AND CONCRETE BLOCKS
Masons Supplies
Yard & Warehouse: No. Elm & Hatfield Sts.
JU 4-1130 — Telephones — JU 4 -0558
Northampton, Mass., 01060
November 8, 1989
City of Northampton D E C O 5 1989
Planning Board
Northampton, MA 01060 OFFICE OF PLANNING
Dear Sirs:
& DEVELOPMENT
Re: COMMON DRIVEWAY FOR 390 and 400 KENNEDY ROAD, LEEDS.
As a we are in agreement, that 390 and 400
Kennedy Road, Leeds, share a common driveway.
I —
The common driveway will enhance the rural feeling that
presently prevails on Kennedy Road.
Sincerely,
Z udith R.
r 4
Enace J. Lococo, Jr.
-Quick ttritfi <z1?r-aaona9fz eNotiar E ui#mz t 'Sr, esetve Tou
J �
x ~ M
�Fez"2e., ELECTRIC CABLE CO.
MANUFACTURERS OF ELECTRIC CABLE: AUTOMOTIVE • AIRCRAFT • ELECTRONIC • APPLIANCE • SPECIALTY
1
��/ LEEDS, MASSACHUSETTS 01 053
TEL. NORTHAMPTON 413-5B4-3B53
TWX 510-290-2003
November b, 1989
Mr. Peter DeRose
The Daily Hampshire Gazette
115 Conz Street
Northampton, MA 01060
Dear Peter;
Please let this letter serve as an endorsement on my part
for your proposed joint use of the common driveway by Dr.
Sprecker and yourself.
I am very much of the opinion, as my wife Nancy and sister
Robin agree, that is far better to utilize one common
driveway rather than carving up the hillside to put in a
separate driveway for each.
If I can be of further assistance, please feel free to give
me a call.
Yours truly,
f
j� le
Garson R. Fields
GRF /dsh
I%uw 14r
DONALD H. SPRECKER, M.D.
291 PROSPECT STREET
NORTHAMPTON. MASSACHUSETTS 01060
TELEPHONE 584 -2006
November 1, 1989
,.,.e October 30,1989
Jeanette G. Gougeon
Donald F. Gougeon
317 Kennedy Road
Leeds, Mass. 01053
To The Planning Board,
A letter sent in concerning Peter Derose's driveway on Kennedy road.
He wants to share a driveway with Doctor Donald Sprecker. We see no problem.
There is good. sight both ways.
a _
{ A �3 v u y- /, S'd o �- ,� r= �- ' a _ - -4 a o v 7 - d /_ �',C7- Sl
�z
There is three more driveways like this on Kennedy Load now..
Thank You
Jeanette G. Gougeon
Donald H. Gougeon
A Happy Taxpayer for the past 31 years on Kennedy Road..
�... ..,. 30,1989
Jeanette G. Gougeon
Donald F. Gougeon
317 Kennedy Road
Leed -s , mass 01053
To The Planning Board.,
A letter sent in concerning Peter Derose's driveway on Kennedy hoad.
He wants to share a driveway with Doctor Donald Sprecker. We see no problem.
There is good sight both ways.
m
a
/ ,5 N ti��
There is three more driveways like this on Kennedy Load now..
Thank You
Jeanette G. Gougeon
Donald R . Gougeon
A Happy Taxpayer for the past 31 years on Kennedy Road..
(ga of
' ND rMStton, ' Mazzarhusett8
01060
LAWRENCE J. JONES
CHIEF
Peter DeRose
28 Prospect Avenue
Northampton, Mass.
FIRE DEPARTMENT HEADQUARTERS
OFFICE OF CHIEF
60 MASONIC STREET
Telephone 584 -7165
01060
November 21, 1989
Dear Mr ,,DeRose:
As to our conversation of November 20, 1989, the following is recommended
for flag lots or common driveways:
On May 19, 1988 former Chief DtIttscoll submitted a memo on flag lots
stating "if the flag lot is used so that any structure built on it will
be located an appreciable distance from the public road, a substantial
roadway capable of supporting heavy fire apparatus be required. This
should be atleast 12' wide and may be colprovia, gravel, crushed stone,
etc. My main concern is that it be accessible during the spring mud
season or during any wet periods. If it is necessary to install any
culverts, they should be capable of supporting fire apparatus."
.. When one driveway is common to two or more properties, a suitable
sign should be posted for the street numbers in case of emergency response
by the Fire, Police or Ambulance.
Respectfully,
Lawrence J. Jones
Fire Chief
Northampton Fire Department lw
LJJ /kl
cc: Northampton Planning Board
`•w `r.d
DECISION OF
NORTHAMPTON PLANNING BOARD
At a meeting held on December 14, 1989, the Planning
Board of the City of Northampton voted unanimously to GRANT
the request of Peter L. DeRose for a Special Permit to allow
a common driveway under the Provisions of Section 6.12 of the
Northampton Zoning Ordinance. The common driveway is located
at 390 Kennedy Road, and serves Parcels 6 and 14 of Sheet 9
of the Northampton Assessor's Maps. Present and voting were
Chair N. Duseau, J. Arnould, A. Crystal, M. Mendelson, J.
Hale, J. Hcleva, and J. Beauregard.
The findings are as follows:
The requested use is listed in Section 6.12 as being
allowed by Special Permit in the district for which
application is being made.
The requested use bears a positive relationship to the
public convenience or welfare, in that one common driveway
is preferred over two separate driveways, for safety reasons.
The requested use will not create undue traffic
congestion or unduly impair pedestrian safety. This is in
a semi -rural area where there are no sidewalks and very
little pedestrian activity.
The requested use will not overload any municipal
systems, provided that the conditions subsequent which are
a part of this decision, are observed.
The requested use will not unduly impair the integrity
or character of the district, and is in harmony with the
general purpose and intent of the ordinance.
The following conditions shall apply:
1. An easement plan and an agreement as to
responsibility for maintenance of the driveway must
be submitted and approved by the Office of the City
Solicitor prior to the issuance of any Building
Permit.
2. House numbers, identifying all of the home
, "MOW 14MW
NORTHAMPTON PLANNING BOARD DECISION
PETER L. DEROSE COMMON DRIVEWAY
PAGE TWO
utilizing the common driveway, shall be placed at its
intersection with Florence Road for identification
by emergency vehicles.
3. Easements shall be placed on the deeds to the
lots granting access to and c ser the subject parcels.
4. Restrictions shall be placed on the deeds to the
subject lots prohibiting any additional vehicular
access to said lots from other than the common
driveway approved by this Special Permit, and stating
that said common driveway is a private driveway
and not a City way.
5. All utilities to service the lots shall be placed
within the common driveway easement, and appropriate
utility easements shall be placed on the deeds to the
subject properties.
6. All such deed easements and restrictions must be
submitted to and approved by the Northampton Planning
Board prior to their reccrding, and prior to the
issuance of any Building Permits.
7. All work shall comply with that shown on the
aforementioned Easement Plan, as well as any other
plans referenced in this Decision.
8. Prior to the issuance of a Building
Permit /Occupancy Permit, the Applicant shall submit
to the Planning Board a certified statement from the
project engineer that the driveway was constructed
in accordance with the plans approved by this Special
Permit.
Nancy P. Vseau, Chair
o
,,*
r Ae( ph Bea egard
`..
NORTHAMPTON PLANNING BOARD DECISION
PETER L. DEROSE COMMON DRIVEWAY
PAGE THREE
Juid ith H le
Marion Mendelson
Andrew Crystal
`w. *MOO,
Northampton Planning Board
December 14, 1989 Meeting
Page One
The Northampton Planning Board met on Thursday, December 14, 1989
at 6:30 p. m. in Council Chambers, Wallace J. Puchalski Municipal
Building, 212 Main Street, Northampton. Present were Ch. N.
Duseau, J. Holeva, A. Crystal (departed 7:30 for PVCC Meeting), M.
Mendelson, J. Hale, J. Beauregard (arrived at 7:30), J. Arnould,
and L. B. Smith, Senior Planner.
MINUTES: Mrs. Hale moved the minutes of the November 30, 1989
meeting be approved without reading. Mrs. Mendelson seconded, and
the motion passed unanimously.
CORRESPONDENCE: None.
At 7:00, Ch. Duseau opened the Public Hearing on the Application
of Peter DeRose for a common driveway on Kennedy Road. She read
the legal notice, and asked Mr. DeRose to make his presentation.
The Applicant stated, "We've applied to use a driveway that's been
there 17 years. I gave the Board letters from the Fire Department
and four neighbors." There were no proponents or opponents. Mr.
Smith told Mr. DeRose that the Building Inspector wants to see an
easement plan. He pointed out that when this easement was recorded
many years ago, easement plans were not required, as they are now.
Mrs. Hale asked if the easement covered maintenance, and was told
that it did. Mr. Smith recited the standard common driveway
conditions. Mrs. Hale moved the public hearing be closed. Mrs.
Mendelson seconded, and the motion passed unanimously. Mrs. Hale
then moved the Special Permit be granted, subject to submission of
an easement plan, subject to the standard common driveway
conditions and an agreement as to maintenance responsibility, all
subject to the approval of the Assistant City Solicitor. Mr.
Crystal seconded. Mr. Holeva said, "I'd like to see all this
information in hand, instead of conditions." Mr. Crystal asked Mr.
DeRose how he felt about holding off a vote for a meeting or two
so the easement plan could be submitted. Mr. DeRose complained,
"I had a driveway permit 17 years ago. We built and maintained it.
I don't think it's fair that I should have to spend more money for
a surveyor to make an easement plan. I'm saving the city a curb
cut, and the neighbors don't mind."
After a great deal of colloquy among the Chair, Mr. Holeva and
others, Mr. Holeva agreed to vote on the motion as made. Mrs. Hale
called the question, and the vote was unanimous in favor of
granting the Special Permit, with the conditions noted above.
Nancy P. seau, Chair
,...
City of Northampton, Massachusetts
Office of Planning and Development
City Hall . 210 Main Street
Northampton, MA 01060 . (413) 586.6950
• Community and Economic Development
• Conservation. Historic Preservation
• Planning Board. Zoning Board of Appeals
Date: JAM j 198 n
RE: THE APPLICATION OF PETER L.
PROPERTY LOCATED AT 390 KENNEDY
9) .
DE ROSE FOR A COMMON DRIVEWAY AT
ROAD (PARCELS 6 AND 14 OF SHEET
Pursuant to the Provisions of the General Laws of the Commonwealth
of Massachusetts, Chapter 40A, Section 15, notice is hereby given
that a decision of the Planning Board of the City of Northampton
was filed in the Office of the City Clerk
On: January 12, 1990
GRANTING the requested Special Permit
For Property Located at: 390 Kennedy Road, Northampton, MA
If you wish to appeal this action, your appeal must be filed in
Superior Court within 20 days of the date this decision was filed
in the Office of the Northampton City Clerk.
j r. Joseph B, auregard, Chair
I
City of Northampton, Massachusetts
Office of Planning and Development
City Hall • 210 Main Street
Northampton, MA 01060 • (413) 586 -6950
• Community and Economic Development
• Conservation • Historic Preservation
• Planning Board* Zoning Board of Appeals
DATE : J A NI 1 ' 19gO
,a, v
CERTIFICATE OF GRANTING OF SPECIAL PERMIT
(General Laws, Chapter 40A, Section 11)
THE PLANNING BOARD OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT
A SPECIAL PERMIT HAS BEEN GRANTED:
TO: PETER L. DE ROSE
ADDRESS: 28 PROSEPCT AVENUE
CITY: NORTHAMPTON, MA
AFFECTING THE RIGHTS OF THE OWNER
BUILDINGS AT: PARCELS 6 AND 14,
NORTHAMPTON, MA
WITH RESPECT TO LAND OR
SHEET 9, 390 KENNEDY ROAD,
And the said Planning Board further certifies that the decision
attached hereto is a true and correct copy of its decision granting
said Special Permit, and that copies of said decision, and all
plans referred to in the decision, have been filed with the City
Clerk.
The Planning Board also calls to the attention of the owner or
applicant that General Laws, Chapter 40A, Section 11 (last
paragraph) provides that no variance 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 in
the Office of the City Clerk and no appeal has been filed or that,
if such appeal has been filed, that it has been dismissed or
denied, is recorded in the Registry of Deeds for the county and
district in which the land is located and indexed in the grantor
index 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.
PLANNING BOARD OF THE CITY OF NORTHAMPTON
By: �C
Ch
By:
Secretary
413 -586 -0264 CORASH, ZURN & BELSKY
FAX 413 -585 -0419 ATTORNEYS AT LAW • 86 MASONIC STREET * NORTHAMPTON, MA 01060
January 6, 1992
Mr. Wayne Feiden
Planning Department
City Hall
Main Street
Northampton, MA 01060
Dear Wayne:
ROBERT A. CORASH*
MARIANNE G. ZURN
CHARLES S BELSKY **
Enclosed is a photocopy of the Declaration of
Restrictions dated January 2, 1992, executed by Peter L.
DeRose and recorded in the Hampshire County Registry of
Deeds on January 3, 1992 as Document No. 00096. The purpose
of the Declaration is to comply with the decision the
Northampton Planning Board made at its meeting of December
14, 1989 in granting the application of Mr. DeRose for a
Special Permit relating to a common driveway at 390 Kennedy
Road, Leeds, Massachusetts.
Please advise if you require any additional
information.
Thank you for your cooperation.
Sincerely,
R obert A. Corash
RAC / sj p
*ALSO ADMITTED IN NEW YORK AND D.0
* *ALSO ADMITTED IN MAINE
DECLARATION OF RESTRICTIONS
Peter L. DeRose, as owner of real property located on
Kennedy Road, Leeds, Northampton, Massachusetts more
particularly described in deed to him from Allyn W. Coombs
dated January 29, 1971 and recorded in Hampshire County
Registry of Deeds, Book 1589, Page 184, which description is
incorporated herein by reference, hereby declares that the
aforesaid property shall be subject to the following
restrictions:
1. That without receiving a special permit from the
Northampton Planning Board, or such other municipal
authority as may from time to time have jurisdiction in
regard thereto, no driveway originating on Kennedy Road and
being wholly contained within the aforesaid property --nd
M 1>
serving the house presently under construction on sa =`
property shall be constructed. CO
a�
2. The foregoing restriction shall not apply to the
portion of the driveway presently on the property and
connected to an Easement Area which Peter L. DeRose is
receiving from Donald H. Sprecker and Mona H. Sprecker by
Easement to be recorded contemporaneously herewith.
3. The aforesaid restriction shall not apply to any
driveway which might' be utilized to service any subsequent
legal building lot created from said Property.
1
R
s `
These Restrictions are intended to comply with the
conditions of the Northampton Planning Board set forth in
its Decision at its meeting dated December 14, 1989, and
shall be restrictively and narrowly construed so as to
comply solely with said conditions and no further.
IN WITNESS WHEREOF the undersigned has hereunto set his
hand and seal as of this ` . 1 l day
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss. - , 199y
Then personally appeared PETER L. D OSE and
acknowledged the foregoing to be his free act and deed
before me,
otary Public
My commission expires:
ftl1 /17
2
KNOW ALL ' BY THESE PRESENTS
THAT, I. RICHARD A. LAWSON`' - ,V
of Brookline, Norfolk County, Massachusetts
in consideration of one (1) Dollar
grant to PETER L. DEROSE
of 28 Prospect Avenue, Northampton, Massachusetts
with quitclaim tantnanL
xktximixmx
The right, privilege and easement to enter on, under and upon a
certain strip of land sixty (60) feet, more or less, in width, for
all purposes for which a public way may be used, including the laying,
relaying and maintaining of utilities, snow plowing and /or grading the
same and the right to improve said right of way, by surfacing or
otherwise, from a point on the Westerly side of Kennedy Road in said
Northampton, across land of said Richard A. Lawson to land of the
said Peter L. DeRose, said right of way being more particularly
bounded and described as follows:
Beginning at a point on the Westerly side of said Kennedy Road,
which point is approximately two hundred (200) feet Southerly from the
Northeasterly corner of the land of said Richard A. Lawson across whic
said right of way runs; thence Westerly, Southwesterly and Southerly
across said land of Richard A. Lawson to a point on the line marking
the boundary between the said land of Lawson and land of said Peter
L. DeRose, which point is approximately five hundred (500) feet
Westerly of the Westerly side of said Kennedy Road; thence Easterly
along the said boundary line between land of Lawson and land of
DeRose sixty (60) feet, more or less, to a point; thence Northerly,
Northeasterly and Easterly across said land of Lawson to a point on
the Westerly side of said Kennedy Road; thence Northerly along the
said westerly side of Kennedy Road sixty (60) feet, more or less, to
the point of beginning.
For title of the grantor herein to the parcel across which said
right of way is to run, see deed of Allyn W. Coombs et al, trustees,
dated April 7, 1971, recorded in Hampshire County Registry of Deeds,
Book 1592, Page 404.
For title to parcel to which said right of way is to run see deed
of Allyn W. Coombs to the said Peter L. DeRose, dated Feb. 3 1971, re
corded in Hampshire County Registry of Deeds, Book 1 89, Page 184.
Executed as scaled instrpm t this 1 �, day of 19 7)�
Slit lzammanwtalt4 of mass"4uattta
rs. 19 7*
Agri' IYtL
i
Then personally .ypeived the above named Richard A. Lawson
( t
4 and acknowledged the foregoing instrument to he his free act iui Iced 0 1
B4f—
* Notary Public
xkXk9Clf9%*XK C
t My commission expires �E1 13 1978
July 1, 1974 at 10 o'clock & 55 mina. A.M. Reo'd, Ent'd & Exam'd.
41,
PERMITS ISSUED
BOARD /COMMISSION: CONSERVATION COMMISSION
TYPE OF PERMIT DATE ISSIIED DATE E%PIRES SPECIAL CONDITIONS
PAGE 1 OF