28-078 Syvester Road-FLAG LOT SPECIAL PERMIT-2019
Planning - DecisionCity of Northampton
Hearing No.:PLN-2019-0049Date: June 14, 2019
APPLICATION TYPE:SUBMISSION DATE:
PB Special Permit with Intermediate 6/14/2019
Applicant's Name:Owner's Name:
NAME: NAME:
KORVEK KAREN & JUDITH SNYDERKORVEK KAREN & JUDITH SNYDER
ADDRESS:ADDRESS:
173 WEST FARMS RD173 WEST FARMS RD
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
FLORENCEMA01062FLORENCEMA01062
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
SYLVESTER RD
TOWN:ADDRESS:
ACTION TAKEN:
FLORENCE MA 01062
Approved With Conditions
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
28078001
Chpt. 350-6.10: Flag Lots
TOWN:STATE:ZIP CODE:
Book:Page:
PHONE NO.:FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
ZPA - CREATING 2 BUILDING LOTS
HARDSHIP:
CONDITION OF APPROVAL:
1) Prior to issuance of a building permit:
a. The applicant must show that the roof orientation and structure will support roof-top solar array
installation.
b. The applicant must show the total number of significant trees over 20” diameter at breast height
that will be removed for the driveway and house construction. The applicant must provide a plan to
the Office of Planning and Sustainability of how the applicant will meet the tree replacement criteria in
350-12.3 for the total inches that will be lost.
2. Prior to issuance of a final certificate of occupancy:
a.The applicant must show that tree replacement in accordance with 350-12.3 has been met.
b.The applicant shall make a one-time payment to the City of Northampton, in lieu of traffic mitigation,
in the amount of $3,000 to address the new lot’s incremental impact of trip generation on the network.
3. If the construction of both the flag lot and the by-right lot results in more than one acre of
disturbance within a three year period, the applicant/owners will need to file a stormwater permit
application with Department of Public Works prior to beginning construction.
4. The first 100’ of driveway shall be paved for the portion of the driveway that exceeds 3% grade
sloping toward Sylvester Rd.
FINDINGS:
The Planning Board granted the special permit for a single flag based on information submitted in the application and at the hearing as
well as the following plans:
1). Plan of proposed flag lot driveway for Karen Korvek & Judith Snyder. By Heritage Surveys, Inc. dated May 10, 2019.
2) Plan of proposed Flag Lot 1 for Karen Korvek & Judith Snyder dated May 21, 2019.
The Planning Board issued the special permit allowing for the reduction of the frontage requirements for lots in the RR District as a Flag
Lot upon determining that:
(1) The requested use protects adjoining premises against seriously detrimental uses. Low density single family homes surround the site.
(2) 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. The applicant/subsequent owner will meet the criteria by making a
payment-in-lieu of the incremental impact of the addition of this lot on the network.
GeoTMS® 2019 Des Lauriers Municipal Solutions, Inc.
Planning - DecisionCity of Northampton
Hearing No.:PLN-2019-0049Date: June 14, 2019
(3) The requested use will not significantly detract from structures and open spaces to the natural landscape, existing buildings and other
community assets in the area; and
(4) 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; and
(5) The requested use meets any special regulations set forth in this chapter:
(A) The portion of the flag lot with less than the usual required frontage (the "flag pole") was no deeper than 300 feet;
(B) The requirements of the Table of Dimensional and Density Regulations, § 350-6.2 had been met; and
(C) The driveway meets the design standards for radius and slope as shown on the plans; and
(D) The lot is laid out such that the principal structure to be erected can be located on the lot in such manner that a circle, with a minimum
diameter equal to 1 1/2 times the amount of the minimum frontage requirement required for a nonflag lot in that district (175’), can be
placed around the principal structure without any portion of said circle falling outside of the property's line; and
E. The special permit application includes a plan showing the location and layout of the proposed driveway and house and all provisions
for drainage and stormwater runoff.
; and
(6) The requested use bears a positive relationship to the public convenience or welfare. 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. The use shall be in harmony with
the general purpose and intent of the ordinance; and
the regulations of loading or other special features beyond the minimum required by this chapter. Such conditions shall be imposed in
writing, and the applicant may be required to post bond or other security for compliance with said conditions in an amount satisfactory to
the special permit granting authority. In addition, when applicable, a site plan shall be submitted to the Planning Board for its final
approval in accordance with the site plan approval in § 350-11 of this chapter.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
5/23/20196/6/20196/27/2019
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
5/30/20198/18/20196/13/20196/27/20197/4/2019
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
5/30/20196/13/20196/13/20196/14/2019
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
6/6/20196:15 PM9/11/20199/11/2019
MEMBERS PRESENT:VOTE:
George Kohoutvotes toGrant
Christa Grenatvotes toGrant
Janna Whitevotes toGrant
Samuel Taylorvotes toGrant
Euripedes DeOliveiravotes toGrant
Alan Versonvotes toGrant
Mark Sullivanvotes toGrant
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Samuel TaylorAlan Verson7Approved with Conditions
MINUTES OF MEETING:
Available on the City's website at www.northamptonma.gov
I, Carolyn Misch, as agent to the Planning Board, certify that this is a true and accurate decision made by the Planning Board and certify
that a copy of this and all plans have been filed with the Board and the City Clerk on the date shown above.
I certify that a copy of this decision has been mailed to the Owner and Applicant.
___________________________________
Notice of Appeal
An appeal from the decision of the Planning Board may be made by any person aggrieved pursuant to MGL Chapt. 40A, Section 17 as
amended within twenty (20) days after the date of the filing of the notice of the decision with the City Clerk. The date is listed above. Such
appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of the City of Northampton.
GeoTMS® 2019 Des Lauriers Municipal Solutions, Inc.