16A-020 Fairway Associates Special Permit 1981DECISION
OF THE
NOR'T'HAMPTON PLANNING BOARD
At its meeting on April 9, 1981 the Northampton Planning Board, by
a vote of 7 - 0, granted the Special Permit Application of Fairway Assoc-
iates, Inc. of P.O. Box, H, North Amherst, MA 01059 submitted to the
Northampton Planning Board on December 4, 1980 which included the Special
Permit Application and related materials dated December 1980 and plans
dated November 7, 12, 13, 1.9, 24 and 25, 1980 to construct a Planned Unit
Development consisting of ninety -one (91) condominium units, a nine (9)
hole golf course and clubhouse on land n/f of the Northampton Country
Club bounded by Spring Street and Main Street Leeds, MA (recorded in
Book 2143, Page 240 and Book 2155, Page 276 at the Hampshire County Registry of
Deeds)and on a portion of land n/f of Barbara Parsons at 23 Spring Street,Leeds,W�
(recorded in Book 1939, Page 292 at the Hampshire County Registry of
Deeds). The Planning Board held a Public Hearing on this Special Permit
Application on January 29, 1981.
Based upon evidence presented to the Board at the Public Hearing, and
at several Planning Board meetings and gathered during numerous site inspec-
tions, the Planning Board issues the following findings:
1. The use requested, listed in the Table Of Use Regulations of the
Northampton Zoning Ordinance, is allowed by Special Permit in the district
for which application is made.
2. The requested use bears a positive relationship to the public conven-
ience or welfare. This development will increase the number and quality of
the City's housing stock.
3. The requested use will not create undue traffic congestion or unduly
impair pedestrian safety. The proposed access and interior roadways of the
development will be private, not public ways. Engineering studies have
determined that Spring Street and other public ways in the vicinity will be
capable of handling the anticipated additional traffic generated by the
develolz Though the general area around the site does not have sidewalks,
the plans for this development provide for sidewalks along the access and
interior roadways.
4. The requested use will not overload any public water, drainage or sewer
system or any other municipal system to such an extent that the requested or
any developed use in the immediate area or in any other area of the City will
be unduly subjected to hazards affecting health, safety or the general welfare.
5. All special regulations for the use, set forth in Article XI, have been
fulfilled. Specifically we find that the intended preservation and maintenance
of the golf course as part of this development fulfills the requirement of
Section 11.5 (7) of the Zoning Ordinance in as much as this carrion open space
bears a functional relationship to the proposed development.
6. The requested use will not impair the integrity or character of the
district or adjoining zones, nor is it detrimental to the health, morals or
general welfare. The use is in harmony with the general purpose and intent
of the Ordinance. The requested use encourages, and takes advantage of care-
ful and sensitive design and site planning. The requested use will also insure
the preservation of an existing large open space area (Northampton Country Club)
in this section of Northampton.
The following conditions shall apply to this Special Permit:
CONDITIONS FOR THE APPROVAL OF
THE FAIRWAY VILLAGE P.U.D. SPECIAL PERMIT
1. The applicant shall submit detailed engineering plans, prepared
by a Registered Professional Engineer and Registered Land
Surveyor with his seal affixed, showing access and interior
roadways, water system, sanitary sewer system, storm sewer
system, and all other utility systems and their appurtenances,
as well as a detailed planting and landscaping plan, including
the restoration of construction areas, to the Northampton Plan-
ning Board for their review, approval and endorsement prior to
the commencement of any work. Additional copies of such plans
shall be made available by the applicant to the Planning Board,
upon request, for dissemination to any other boards, commissions
or agencies that the Board feels are appropriate. Failure of the
Planning Board to respond to the applicant, in writing, as to
whether or not such plans meet their approval, within sixty days
of receipt of such plans by said Board shall be deemed to have
such approval granted. Failure of appropriate boards, commis-
sions or agencies, who have had plans submitted to them, to make
recommendations to the Planning Board within thirty days of re-
ceipt by such body shall be deemed lack of opposition thereto.
2. The following items shall be reviewed by the Northampton Fire
Chief and Board of Public 'A'orks prior to the approval of the
detailed engineering plans:
o the water supply system shall be looped (not a dead end)
in order to maintain an adequate flow and pressure;
o all turning radii and road widths shall be adequate for
the safe access of emergency vehicles.
3. The following items shall be reviewed by the Northampton Fire
Chief prior to the approval of the detailed engineering plans:
o .the number, type, fittings, height and placement of
fire hydrants;
o the number, type, height and placement of fire alarm
boxes.
4. The water mains and sanitary sewers shall be dedicated to, and main-
tained by the City, but the access and interior roadways serving the
Planned Unit Development, and shown on the above referenced plans,
are not City ways. The maintenance, operation and repair, including
snowplowing and snow /ice removal (performed to the satisfaction of
the Fire Chief), and storm sewers shown on such plan shall be the
responsibility and liability of the landowner(s) and /or any homeowners
association which may be established. If application is ever made
for the access and interior roadways to become City ways, they shall
be made to conform to the standards and specifications for City ways,
as determined by the City Engineer, at the expense of the applicant,
its successors or assigns.
P.U.D. Conditions Page
4.
5. In the event that the road system is not completed in its entirety
prior to the beginning of construction of any group or groups of
units, a temporary turnaround shall be provided which shall meet
the approval of the Planning Board.
5. Parking shall be prohibited on all access and interior roadways,
except for parking areas designated on the approved plans.
7. A Performance Guarantee in the form of a covenant, executed and
duly recorded by the owner of record, and running with the land,
whereby such ways and services shall be provided to serve any struc-
ture before such structure may be conveyed, leased or occupied, other
than by mortgaged deed; provided, that a mortgagee who acquires
title to the mortgaged premises by foreclosure or otherwise, and
any succeeding owner of such premises or part thereof, may sell
any such structure, subject to that portion of the covenant which
provides that no structure shall be occupied, leased or subsequer.tl%
conveyed until such services and ways have been provided to serve
such structure; and provided further, that nothing herein shall be
deemed to prohibit a conveyance by a single deed, subject to such
covenant, of either the entire parcel of land subject to this
Special Permit or of all structures not previously released by the
Planning Board, shall be recorded by the applicant. Such Per-
formance Guarantee must be approved as to form, content and manner
of execution by the Planning Board prior to the applicant's
recordina it in the Hampshire County Registry of Deeds. Such
Performance Guarantee shall be fully or partially released by the
Planning Board when they deem that such required improvements
covered by the Performance Guarantee have been fully or partially
completed.
Upon completion of all work for any phase such Performance Guarantee,
as applicable to that phase, shall be released in its entirety.
TTowever, a new Performance Guarantee for that phase, in the form of
a bond, deposit or negotiable security in an amount equal to ten
percent (10°/) of the construction cost for completing the required
utilities and roadways, shall be posted by the applicant for a
period of twelve (12) months to guarantee the adequate performance
of such utilities and roadways.
Should the applicant request a release (either partial or
otherwise) from the conditions of this covenant when the provi-
sions of such covenant have not been fully complied with, the
Planning Board may require an additional Performance Guarantee,
in the form of a bond, in an amount which the Planning Board feels
is adequate to cover the expense of completing the required ways
and services by the date referred to in Condition #8 of this
Special Permit. Such bond shall conform to the other provisions
of this Condition and shall not expire less than eighteen (18)
months after the deadline date for the completion of such required
improvements as stated in Condition 8. All bonds may be enforced
and any such deposit may be applied by the Planning Board for the
P.?i.D. Conditions
Page 3
benefit of the City of Northampton upon failure of the performance
for which any such bond or deposit was given to the extent of the
reasonable cost to the City of completing such construction and
installation.
8. All required improvements relating to access and interior roadways,
storm drainage, water systems, sanitary sewer systems and all other
utilities and their appurtenances shall be completed within seven
(7) years from the date of final approval of all detailed construc-
tion plans. Any increase or extension in the completion deadline
shall be subject to the approval of the Planning Board, and the
Performance Guarantee shall be increased and /or extended propor-
tionately.
9. All occupancy permits must be signed by the Chairman or designated
representative of the Planning Board to insure compliance with
the conditions of this Special Permit.
10. This Special Permit is issued to the applicant and is transferable.
11. This Special Permit is issued only for such use(s) and densities
as is specified in the Application and plans as submitted on
December 4, 1980.
12. Any deviation from the specifications or provisions of the approved
plans, except as provided for under Condition No. 14, shall be
subject to the prior approval of the Planning Board.
13. The residential construction under this Special Permit is condi-
tional upon the completion and functional operation of the City's
proposed 24" sanitary sewer line running through the project,
except that as many as two (2) units may be constructed for use
as a model or office or both, and may be temporarily serviced by
on -site waste disposal systems in conformance with appropriate
regulations.
14. All of the provisions of the Conservation Commission's Orders of
Condition with regard to this project shall be considered as a
part of this Special Permit, and a Certificate of Compliance
must be issued upon satisfactory completion of such Orders of
Condition.
15. Prior to the occupancy of any unit all landscaping shall be
completed for such unit.
16. All easements required by the Planning Board shall be recorded
by the applicant in the Hampshire County Registry of Deeds.
Prior to such recording the applicant shall submit the appropriate
instruments to the Planning Board and City Solicitor for their
approval as to form and content.
17. A natural screening or planting strip, which meets the approval
of the Planning Board, shall be provided and maintained by the
developer and any subsequent homeowners' association along the
P.U.D. Conditions
Page 4
western most portion of the southerly property line abutting land
now or formerly of Tmerson. Such screening or planting strip shall
not interfere with safe sight distances at the intersection of the
access road and Spring Street, and must be planted within six (E)
months from the beginning of roadway construction.
18. °:o patios or decks shall be constructed, for the thirteen units
situated on the bluff overlooking the Fill River, except as
approved by the Conservation Commission in its Orders of Condition
and subsequent motion of ?March 9, 1981, as evidenced in the
Applicant's letter to the Commission, dated March 10, 1981.
19. Members and designated agents of the Planning Board shall have
the right to enter and inspect the premises to evaluate compliance
with these conditions and to require the submittal of any data
which may reasonably be required by and deemed necessary by the
Poard for that evaluation.
20. "As built" plans of the water and sewer systems, including pro-
files, certified by the project's Professional engineer, spec_fyinn
how the completed work differs from that shown in the original
plans reviewed and approved by the Planning Board, shall be sub-
mitted to and approved by the Planning Board and Board of Public
Works prior to being nut into service.
Upon completion of any and all phases a certificate of compliance
will be submitted to the Planning Board by the project's Profes-
sional Engineer stating_ that all utilities and roar construction
have been completed in accordance with the approved design stan-
dards of Condition �1 of this -special Permit.
21. The exterior finish on the thirteen units situated on the bluff
overlooking the Yill River shall be of a color to minimize their
visual impact upon Zook Park, subject to approval of the Planning
Bo -rd.
22. T7o permits shall be issued for the construction of any units until
the Building Inspector is notified in writing by the Planning
Board that the appropriate provisions of this Special Permit have
been complied with.
23. This Special Permit shall lapse if substantial construction of
the development has not commenced within two years from the date
of the Planning Poard's approval of such Special Permit, except
that the unavailability of the sewer line shall be considered
'good cause' for an extension, under Chapter 40A, Section 9.
"Substantial" in this case shall mean construction related to road-
ways, water systems, sanitary sewer systems, storm drainage systems,
or housing units. The Planning Board in the exercise of its rea-
sonable judgment shall determine if performance by the Developer
in any one area or combination of areas satisfies requirements
for "substantial construction."
P.U.D. Conditions Page 5
24. This Special Permit is conditional upon the Planned Unit Develop-
ment conforming with the provisions of Section 11.5(8) of the
City of °:orthampton zoning Ordinance and with the provisions of
Chanter lF3A, T`.G.I .
Date Donald Robinson, Chairman
h � y
r�
Planning Board
City of Northampton
City Hall
Northampton, Ma. 01060
Re: P.U.D. Application of the Fairway Associates, Inc.
Dear Members of the Planning Board:
Section 10.10 of the Zoning Ordinance of the City of North-
ampton provides for the approval of a Planned Unit Development by
the granting of the Special Permit provided that the proposed use
satisfies the requirements of Section 11.5 of said Ordinance.
We respectfully suggest that the application fulfillsthe require-
ment of Section 11.5 and satisfies all the requirements of Section
10.10 and that the dialogue between the applicant and the Planning
Board during the permit process and between the applicant and
concerned citizens at the public hearing all evidence the satisfac-
tion of and enthusiasum for not only the application but the con-
cept of a Planned Unit Development at the site. Pursuant to the
authority of the Planning Board as the special permit granting
authority under the City Ordinance as well as the provisions
of Chapter 40A of the General Laws, as amended, the applicant
anticipates that the Planning Board in granting the special permit
will impose reasonable conditions to insure that the project goes
forward in the manner represented so as to insure that the comple-
tion of the project will be to the highest quality standards and
of the greatest benefit to the City, while at the same time
insuring appropriate administrative controls for the City.
The applicant respectfully
following proposed thoughts as a
tions to insure the foregoing.
submits for consideration the
framework for structuring condi-
1. Pursuant to the provisions of Chapter 40A, Section 9
of the General Laws, as amended, a Special Permit once granted
would lapse within a period not to exceed two years if substan-
tial use thereof or construction has not begun prior thereto.
Since the Zoning Ordinance does not alter this time period, we
suggest that the Planning Board condition the permit to define
that substantial use thereof or construction, as the case may be,
would be satisfied by the commencement to construct the new fifth
Planning Board
February 6, 1981
Page Two
fairway, the commencement of construction of main road system,
utilities and appurtenances thereto, or any of the foregoing
and provided that the Zoning Enforcement Officer is able to
issue building permits as a result of the availability of the
new sewer interceptor line. With regard to the anticipated
construction of the new sewer interceptor line, the Planning
Board should recognize that any delay in substantial use or
construction under the Special Permit caused by the unavail-
ability of the sewer interceptor line would represent "good
cause" for the extension of the Special Permit as provided for
in Section 9 of Chapter 40A. The Planning Board should also
confirm the position of the Zoning Enforcement Officer that a
building permit will not be necessary for the modifications pro-
posed for the golf course and that the commencement of any such
modifications will not require further review, site plan approval,
or the issuance of a building permit although such activity will
be sufficient to qualify as substantial use of the special permit
or construction thereunder as is required under said Section 9
of Chapter 40A.
2. The applicants have throughly reviewed the December 12,
1980, letter to the Planning Board from Cecil I. Clark, acting
in his capacity as Zoning Enforcement Officer /Building Inspector.
Although it is absolutely appropriate that a covenant or bond be
posted by the developer in connection with construction of conven-
tional subdivisions pursuant to the provisions of Chapter 41 to
insure the proper construction of roadways and municipal utilities
that will eventually be dedicated to and accepted by the munici-
pality, this application provides for a private road system that
will become part of the common area to be governed and maintained
by the Unit Owners. Although the developer intends to design
and construct the water and sewer systems to City standards and.
for the approval of the City Engineer prior to dedication, and
bonding and covenanting will not be necessary in that building per-
mits cannot be issued without the established availability of said
services. The Zoning Enforcement Officer acting in his capacity
as the Building Inspector in granting any building permits must
be satisfied with the availability of said services for each unit.
In effect, the building permit process without modifications will
act as a covenant and releasing system to guarantee the proper
performance of the developer in this area.
3. The developer recognizes that it would be appropriate
for the Planning Board to impose a condition that if the road
system is not completed in its entirety prior to the construction
of any group or groups of units, that appropriate turnarounds
would be provided by the developer to insure safe vehicular access
for convenience and public safety. The developer suggests that
any such temporary turnarounds can be accomplished by the con-
struction of either single or double hammerhead turns in much
Planning Board
February 6, 1981
Page Four
at the main road terminus /common, we suggest that the site plans
to be provided will show a minimum radius at the curb of 30 feet
rather than the 25 foot radius which had been proposed. To sub-
stantiate this change, we enclose herewith a variety of dimensional
design standards from various highway design manuals. Furthermore,
we call to your attention the fact that the largest vehicle in the
Northampton Fire Department has a wheel -base of 18 feet and 6 inches
which is well within the minimum turning radius designated for an
"SU" design vehicle as shown. Please note that the minimum turning
radii are measured at either the centerline of pavement or at the
left front wheel of the vehicle. We would point out that at the
Public Hearing, Mr. Tobin referred to the turning radius which is
different from the radius at the curb. While our curb radius had
measured 25 feet, we are revising that upwards to 30 feet, thereby
addressing Mr. Tobin's concerns and providing a minimum turning
radius of about 40 feet.
6. In order to maximize the relationship between sales and
construction, it is our intention to construct a model unit or model
units consisting of one complete building at the extreme northwesterly
corner of the site plan. Safe vehicular and pedestrian access will
be insured by the improvement and use of the existing roadway from
the clubhouse parking lot to the model area, running along the west-- -
erly side of the ridge overlooking the sixth fairway. Any such im
provements will address the adequacy of access for emergency vehicles
to the model_ unit building. All utilities, except waste disposal,
will be provided from existing lines on Spring Street and connected
across lands of the applicant. On-site waste disposal for the model
unit /units would be contingent upon establishing evidence of the
suitability of the soils for an on -site, sub- surface waste disposal
system. This on -site system would later be disconnected and the
nnected to the sanitary sewer system when
unit /units would be co
that becomes available within the project site as improvements are all
made for the construction of - the first pha ermit urocess w ill rl pro-
cases, the usual reviews of the building p P
vide adequate safeguards and review for the proposed model construc
tion.
7. We understand that we have the obligation to fully comply
rvation
with the Orders of Condition w ill
ofsInaebt thatCweJsubmitted
Commission as a consequence o ro ect.
to allow review by the Conservation Commission of the entire p
g. In addressing UG ationseofscertainkunitsylweoratifytour
potential impact of the 1 tree -lines where possible, and
dedication to maintain the existing
to preserve the associated v heta�o °erties. s vis
ual buffers /screens between p P
with this matter, while also recognizing that this screening is lost