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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 O I� U 0 \ O C 4- PARCEL 6 5NCl.r /4 d /c. r 1 OI h \ y&� 0 AE'r Of BUILDING IIV� gPE jM AMPTq` 1060 HOU5L 1 %.. - Imlniff Filed - -. 'W W 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