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Apr23 Final 1 STAFF REPORT 7:00 PM JOINT PUBLIC HEARING –CITY COUNCIL COMMITTEE ON LEGISLATIVE MATTERS- SEE ATTACHED LANGUAGE CHANGES PERMIT TYPE PUBLIC HEARING DATE PROPERTY ADDRESS/ ZONE/LOT SIZE SEE PROJECT FILE: 24A-43 SITE PLAN APRIL 23, 2020 7:30 PM 175 JACKSON ST/URBAN RESIDENTIAL B/38,700+ SF OWNER EXISTING USE KAREN LAVERDIERE 2-FAMILY HOME Summary of Request: The applicant seeks to add 3 structures with a total of 6200+sf to the rear of the existing house. The three structures would contain 5 new units and garage parking. Zoning Compliance SITE 2 New construction over 5,000 square feet as well requires a Major Site Plan Review and Approval with criteria shown under 350-11.6. Additionally, under the table for URB, the addition of 5 units triggers site plan. As a major project, two additional components are necessary to be met. First, the stormwater standards Site Plan Review means that the use is allowed, however the Planning Board must ensure through a majority vote (4 out of 7) that the technical details meet the zoning and the site will function according to the requirements. Unlike a SPECIAL PERMIT, the Board may not deny a project under site plan review based on determination about “fit” or “appearance” but may only deny a project based on specific and detailed reasons why the project does not meet the technical requirements in zoning. Less than 1,200 feet to the bike path on ramp from this site. Issues: Please see the memo and response to issues I raised with the applicant about the following items.  Tree protection and tree removal/replacement. The arborists’ report seems to have some holes including recommendations for maintain dead trees, while recommending trees to be removed though they are not dead or diseased or in the way of construction. I will have more feedback from the city’s arborist who provides technical support to Planning Office by Wednesday. SPECIFIC COMMENTS FROM CITY ARBORIST o 1) There is a 23.5" DBH Sugar maple in the front right hand side of the property that was not inventoried, is that tree remaining or being removed? o 2) There is an arborvitae hedge that borders the sidewalk that was not inventoried, are they remaining or being removed? o 3) There is a clump of Norway maples in the northwest corner of the property that were not inventoried, are they remaining or being removed? o 4) Tree ID #1741 are Lilac's, two maple clumps & a cherry tree. The two maple clumps are considered in my opinion as two separate trees with multiple leaders. Each leader needs to be measured individually and then tallied up to make the total DBH of every clump in order to determine if they fall under the STO. o The cherry tree is smaller than 20" DBH so it does not qualify under the STO. o 5) Tree ID #1730 is a White willow that in my opinion can be left at this time if the roots are protected from construction damage. Willows are a great source for native pollinators. o 6) Tree ID's #1736 (21"DBH) & 1737 (24"DBH) are both over the 20" DBH so they fall under the STO and are slated to be removed. They will have to be mitigated for under the present calculations. o 7) Tree ID is identified as a Norway maple but I believe it is a sugar maple just for the record. 3  Sidewalks- 350-11.6 All internal and external sidewalks will be constructed of cement concrete. Sidewalks will be at least six feet in width in all commercial zoning districts and all industrial zoning districts. In all residential zoning districts, sidewalks shall be at least five feet in width. The applicant is asking for a waiver from both the cement concrete for the internal driveway sidewalk and a reduction in width from 5' to 3'? The existing apron of the driveway and the portion of the driveway crossing the sidewalk will likely fail due to heavy construction equipment necessary to construct the project. There should be a permit condition requiring sidewalk replacement panels for all sections of public sidewalk that are damaged during construction. Our standard for long term viability of public walks is cement concrete. Replacement will need to conform to current standards which would be in panel increments 5' wide, despite the fact that the remaining portion on Jackson Street is currently bituminous. NOTE: As the City builds new, replaces, repairs sidewalks the standard is for cement concrete – exemplified by the recent installation of the 10’ wide multipurpose path along Jackson Street from Barrett to the Bike Path.  Storm water- The initial filing did not include adequate calculation or data to show that storm water management would meet the City Standards. Department of Public Works is still reviewing this component. Please see 3 letters submitted by residents that are in the online filing. Staff Recommendation Approve Approve with Conditions Deny Sustainable Northampton: This site is 1,200 feet from the Northampton Bike Path, it is within walking distance of the elementary school as well as retail shopping. The additional units on this lot meet the goals of the City to encourage new residential units within neighborhoods where the infrastructure can support it and where it fits in with the design and layout of the parcel. Planning Board Approval Criteria: A. The requested use protects adjoining premises against seriously detrimental uses. If applicable, this shall include provision for surface water drainage, sound and sight buffers and preservation of views, light, and air; Additional conditions may be required for the applicant to meet the stormwater standards. Staff will provide those prior to the meeting. Landscaping along the boundaries of the properties is proposed to be protected/maintained. B. The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets. If applicable, this shall include considering the location of driveway openings in relation to traffic and adjacent streets, the arrangement of parking and loading spaces, and provisions for persons with disabilities; and: 4 The project, including any concurrent road improvements, will not decrease the level of service (LOS) of all area City and state roads or intersections affected by the project below the existing conditions when the project is proposed and shall consider the incremental nature of development and cumulative impacts on the LOS. The project proponent must demonstrate that all cumulative and incremental traffic impacts have been mitigated. The applicant is proposing a payment in lieu of traffic mitigation in accordance with the requirement to address the anticipated 5 peak hour trips to be generated by this project at a rate of $1,000/per trip to be made to pedestrian and traffic safety improvements in the vicinity. Access by nonmotorized means has been addressed with a walkway along the driveway and with facilities such as bike racks. C. The site will function harmoniously in relation to other structures and open spaces to the natural landscape, existing buildings and other community assets in the area as it relates to landscaping, drainage, sight lines, building orientation, massing, egress, and setbacks. The new units will be located behind the existing structure thereby maintaining the pattern of setbacks and units as they exist on the block face. D. The requested use will not overload, and will mitigate adverse impacts on, the City's resources, including the effect on the City's water supply and distribution system, sanitary and storm sewage collection and treatment systems, fire protection, streets and schools. The construction materials and methods for water lines, sanitary sewers, storm sewers, fire protection, sidewalks, private roads, and other infrastructure shall be those set forth in the Northampton Subdivision Regulations[1] (even for projects that are not part of a subdivision) unless the Planning Board finds that a different standard is more appropriate. Major projects that do not trigger separate stormwater permitting shall have conditions that stipulate when inspections shall be completed and submitted to the City. Annual reports, as necessary depending on the stormwater management system, shall be submitted to the City. E. The requested use meets any special regulations set forth in this chapter. See URB TABLE for layout standards within the URB zone. F. Compliance with the following technical performance standards: (1) Curb cuts onto streets shall be minimized. The existing driveway will continue to be utilized as the project driveway. (2) Pedestrian, bicycle and vehicular traffic movement on site must be separated, to the extent possible, and sidewalks must be provided from public sidewalks. All sidewalks shall meet the following standards: (a) All internal and external sidewalks will be constructed of cement concrete (WAIVER IS REQUESTED). In all residential zoning districts, sidewalks shall be at least five feet in width. (WAIVER IS REQUESTED) (c) Ramps allowing access to the sidewalk and street by variously abled persons shall be required at the corner or within the curb area immediately adjacent to the sidewalk. (d) For any new driveway, the portion of the driveway that crosses the sidewalk shall conform to the sidewalk requirements set forth herein, regardless of whether there is a sidewalk 5 improvement extending along the balance of the frontage property, with sidewalks constructed with extra depth to withstand cars. (e) The sidewalk cross slope of 1:50 should be maintained across the entire driveway. The driveway apron should be located in the tree belt between the pedestrian way and the roadway. (3) Major projects, must be designed so there is no increase in peak flows from the one- or two- and ten-year Soil Conservation Service design storm from predevelopment conditions (the condition at the time a site plan approval is requested). Green infrastructure and low-impact design shall be incorporated to the extent feasible to ensure runoff is handled on site. At the very minimum, the runoff from up to a one-inch rain storm (first flush) shall be detained on site for an average of six hours. These requirements shall not apply if the project will discharge into a City storm drain system that the Planning Board finds can accommodate the expected discharge with no adverse impacts. In addition, catch basins shall incorporate sumps of a minimum of four feet and, if they will remain privately owned, a gas trap. PROPOSED CONDITIONS: (others will likely come as a result of Department of Public Works review) 1. Prior to any site work, the arborists report shall be adjusted based on the Comments by the City’s arborist. a. Tree protection measures shall be installed as indicated by the arborist with oversight by the arborist. Staff shall be notified that this has been completed prior to site work. b. Protection of the 23.5” Sugar Maple must be installed at the front of the site if it is to be saved. If not, this shall be added to the tree replacement calculations. 2. The arborist must be retained to ensure that during construction, tree protection measures recommended are implemented as the project is developed. Root zone protection shall be done as recommended by the arborist. 3. Prior to issuance of a building permit a. the applicant shall submit revised final construction plans, signed and sealed by a Massachusetts registered P.E., to the DPW for review and approval at least 15 days prior to the issuance of any City building or construction permits. Plans shall include modifications required herein as well as revisions required to show compliance with Department of Public Works standards as specified in their department review. b. Additional test pits must be completed to confirm the soil conditions and seasonal high groundwater elevation in the location of the proposed dry wells are as modeled. A two-foot separation between the bottom of the dry wells and the seasonal high ground water elevation must be documented. c. The applicant must record an executed Stormwater Operation, Maintenance and Inspection Agreement that includes the long term operation and maintenance schedule of the proposed stormwater system to the satisfaction of the DPW. Prior to recording this agreement the language shall be reviewed and approved by Department of Public Works and include the 6 Long-Term Stormwater Maintenance Program that was included in the Stormwater Drainage Report as an attachment to this maintenance agreement. 4. Prior to issuance of a certificate of occupancy for the first unit: a. The applicant must submit as-builts of the stormwater system stamped by a certified engineer showing that the system was installed and is functioning as designed. b. The applicant must – as offered submit a one-time payment in lieu of mitigation for the 5 additional peak hour trips generated by the new use. As offered the payment will be $5,000 made to the city of Northampton for the purposes of making pedestrian and traffic safety improvements. 5. Prior to the issuance of the final certificate of occupancy for these units: a. All landscaping and tree replacement in accordance with 350-12.3 shall be made for the trees over 20” DBH that are removed for this project. Additional payment into the tree replacement fund may be made for replacement that cannot be made on site. b. Cement concrete sidewalk panels shall be installed on the public sidewalk for any section that is damaged during construction as determined by the City. Such installation for the portion of the driveway that crosses the sidewalk shall conform to the sidewalk requirements set forth by the Department of Public Works and in the zoning ordinance with sidewalks constructed with extra depth to withstand cars crossing the sidewalk. The sidewalk cross slope of 1:50 should be maintained across the entire driveway.