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2 26 2009 Planned Village Special Permit Amendment Planned Village Special Permit Conditions as Amended February 26, 2009 This permit replaces all previous special permits and amendments, maintaining however, the conceptual layout plan for the northern part of the state hospital originally submitted and substituting a revised conceptual plan for the campus south of route 66 and north of 66 to the Haskell Building Driveway. An $12,000 escrow account shall be established, in the Owners’ Association (OA) name and taxpayer identification (appearing first) with a signature line for the City, prior to the first lot sale as an assurance that the OA will perform required capital improvements and/or maintenance. Funds withdrawn by the OA require a signature by Planning Board agent after approval by the Board. Funds withdrawn for such improvements shall be replaced by the OA through assessments as to be spelled out in the OA covenants, within three (3) months so that the $12,000 base is permanently maintained. The City may draw on this account, without signature of the OA, if it determines that required capital improvements, maintenance, or inspections are not being performed. The Permanent Covenants must clearly state that the City will have a right to place a lien on any or all properties within the subdivision or shall provide some other equivalent, in the opinion of the Planning Board, level of protection for the city, in order to recover the cost of maintenance for stormwater facilities. (CONDITION COMPLETED held with City Treasurers’Office) Prior to the issuance of a building permit for the first building in Phase I, other than those for industrial property along Earle Street (which are not covered by the Guidelines and will be reviewed on a case-by case basis by the Planning Board) the design guidelines must be amended to address issues identified by the Board that meet the Planned Village standards. The Planning Board must review and approve these amendments and incorporate them into a revised special permit. These Guidelines are critical to meeting the Special Permit criteria and must include, at a minimum: Enough detail and standards to address all of the Planned Village Special Permit criteria. Include detailed lighting standards, with site lighting at an average of no more than 2 foot candles over each parking lot and walkway and less when possible. Create measures to ensure that the entire frontage of “Main Street”, from “Ridge Street” to the proposed roundabout at the north end of the mixed use area should be a high volume pedestrian area, and not a deserted area at 5:00 PM when businesses close. (CONDITION COMPLETED. DESIGN GUIDELINES APPROVED AND ON FILE WITH Office of Planning and Development) ALL conditions in Amendment issued 8-14-03 have been completed. This permit replaces initial special permits and amendment on 8-14-03 6835 81 and amendments Three of the four corners of Village Hill Rd and Route 66 shall contain buildings as shown in exhibit C in the 2009 submission(a change from the original two required in the original site plan approval). The fourth corner (southwest), which is part of Lot 2 in the 2009 submission and which is proposed to be conveyed to Kollmorgen, shall be redeveloped and enhanced by landscaping and other features that create visual interest and a sense of place. It shall further encourage pedestrian use of the sidewalk network and function as a focal waystation. This area shall not be comprised solely of greenscaping, and it shall provide an independent focus at this corner of the intersection that is attractive, engaging and pedestrian focused. The Lot 2 Site Plan Approval request for Lot 2 shall include a design and detailed plan for implementing that design at the southwest corner of the Village Hill Rd and Route 66. Both buildings shown on the north campus along Village Hill Road between Route 66 and the Haskell Driveway shall be two stories and located as close to the corner of Village Hill Road and 66 as possible with no parking between Route 66 and the buildings. Building materials for lot 2 shall not be limited to any particular materials so long as other design elements such as facades broken up by glazing and building articulation are incorporated. Wherever buildings are not planned to be built up to the sidewalk, landscaping buffers shall be provided between Route 66 and the parking lot for Lot 1 and 2 south of Village Hill Road. The buffer shall include a range of species to create a variety of color and textures throughout the year and to ensure that the parking lots are not the dominant feature along any portion of Route 66. Consistent with the proposed development of an industrial use on Lot 2 of the 2009 submission, the existing Design Guidelines are hereby modified to include the Design Criteria as follows: Carolyn—insert the MassDevelopment design criteria here with four changes Sustainable Design: Sustainable design, building materials, and building systems shall be used (i.e. improvements which would be eligible for LEED certification points, regardless of whether the project is actually certified) Site Design: Replace compliment with complement Site Design: A landscaped buffer shall be provided… delete this entire entry. Site Security: delete this entire entry The Design Guidelines shall be applied to Lot 2 in a manner consistent with the Design Criteria and the specific conditions relating to design set forth in this amendment, consisting of Conditions 2, 5 and 6. This condition recognizes that some of the Design Guidelines are not intended for industrial buildings, and the concepts embodied in the Design Criteria shall be carried out in a manner consistent with the applicable Design Guidelines. In addition to the Design Criteria, any building and site design on Lot 2 shall be designed to respect and complement the surrounding existing residential neighborhoods, Planned Village buildings, and all surrounding road, maximize natural sustainable design principles, and help enhance the quality of the built environment. Concurrent Prior with the site plan application for Lot 2, MassDevelopment or Hospital Hill LLC shall submit a plan for approval for the location of the multi-use trail connecting Earle Street to Village Hill Road and the Lot 2 driveway or other access point to Lot 2. The path shall meet ADA/AAB standards for a multi-use path of at least 8’ wide with no more than one driveway or roadway crossing between the two points. Prior to issuance of a certificate of occupancy, for lot 1 or 2 MassDevelopment shall install the path or provide a letter of credit or some other guarantee acceptable to the Planning Board that the multi-use path will be constructed within a reasonable time period acceptable to the Planning Board. Prior to issuance of a certificate of occupancy for lots 1 or 2, an easement shall be accepted and recorded for the multi-use trail that allows the public to pass and repass along its entire length. Alternatively, may convey a fee simple transfer to the City. If granted to the city it shall allow maintenance as well. Prior to issuance of a certificate of occupancy for lot 1 or 2, MassDevelopment must install the pedestrian crossing changes at the intersection of Village Hill Road and the driveway serving lots 1 & 2 on the south campus or place funds in escrow (or other performance mechanism acceptable to the Planning Board including CDAG funding commitment) that cover the cost for installation of the 4-way crosswalks and signal with pedestrian phase. Department of Public Works must be given 6-8 weeks to review plans for intersection improvements. Prior to the issuance of the first Certificate of Occupancy for the project, the applicant shall provide a copy of Landowners’ Association documents/bylaws and proof that they have been recorded with the land. This document shall include: The structure of the association Assurance that all non-municipal property owners in the Village at Hospital Hill shall be members, Provision for landowner assessments including the provision of authority to place liens on property if assessments are not paid. Authorization, but no responsibility, for the city to perform maintenance if the landowners association fails to and place liens on the association and all members properties to secure payment for such work and administration of such work. Cross easements for the shared parking and description of how shared parking will function to reduce the overall need for parking for the project. Detailed description of stormwater management facilities as well as maintenance for all common areas including bike paths, sidewalks and shared open space. Documents shall be clear that shared open space and bike paths are open to the public to allow the Village to function as an urban village. Provision for dedication a $20,000 reserve fund bank account (to be phased in over phase one of the project, and subject to possible increases or changes required when the full buildout plan is submitted) to cover emergency repairs to any common facilities. (CONDITION ON SCHEDULE) As indicated in the application for this special permit, all commercial property owners and tenants must participate as part of the landowner’s association in the Rt.9 Transportation Management Association (TMA), or other such association if the Rt 9 TMA ceases to exist, with a minimum annual contribution to such TMA of $5,000 per year upon issuance of a Certificate of Occupancy for the first commercial building. Nothing in this approval can limit the Planning Board’s approval when it reviews Village at Hospital Hill projects for permits under Subdivision Regulations, Site Plan Approval, or future Special Permit requests. To encourage an active village area, the Planning Board encourages the developer to use as great a density as possible, and save unused areas for future uses. To this extent, this permit specifically authorizes the development of residential space above all commercial buildings, allows additional commercial space between existing commercial buildings shown on the special permit submittal, and does not create any additional minimum lot size (beyond that established in zoning) A full specimen tree survey shall be provided with the preliminary subdivision approval and all reasonable efforts made to preserve healthy specimen trees. Specimen trees shall only be cut when approved by the Planning Board concurrent with a subdivision or site plan approval. (CONDITION COMPLETED) A study showing the feasibility of reusing Old Main shall be submitted to the Planning Board prior to the submittal of the preliminary subdivision plans. (CONDITION COMPLETED) This permit grants a 20% reduction in required parking for uses in Phase I, except for single-family residences. Traffic mitigation shall be implemented by the applicant in accordance with the following schedule: Mitigation Phasing (square footage applies to new construction or rehabilitation) Earle Street, Texas Road, Grove Street Improvements (removal of rail bridge abutments Prior to final certificate of occupancy of first commercial building. (Amended)replace with language from the amended special permit previously issued. Optimizing traffic signal timing (up to 4 locations) Within 1 year of certificate of occupancy of first commercial building. Earle Street/Grove Street 100% Construction Plans, Specifications and Estimates for long range realignment of intersection and any future access road to the Planned Village or improvements to Earle Street. (including sidewalks along Earle between Grove Street and Route 10) Within 3 years of certificate of occupancy of first commercial building.(COMPLETED) Rt. 10/Earle Street signal and other intersection improvements, including a modern roundabout, 100% Construction Plans, Specifications and Estimates 25% design by fall 2003; 75% design within 6 months after MassHighway public hearing and comments, 100% design within 6 months after MassHighway 75% design comments (COMPLETED) Construction of sidewalk along Earle from Rt. 66 to Grove Street (with construction plans to be approved by DPW) Prior to the first Certificate of Occupancy for the first 100,000 sq. ft of building construction. replace with language from the amended special permit previously issued. Construction of sidewalks on Laurel from Rt. 66 to Grove and on Grove from Laurel to Earle (with construction plans to be approved by DPW) Prior to the issuance of a building permit for the 60th residential unit. (If, prior to the 60th building permit, the traffic analysis full-buildout submittal documents that the sidewalk is not needed, the Planning Board can amend this condition to drop this requirement.) (Applies to New Construction) Traffic Demand Management: Designation of on-site traffic coordinator to disseminate information on public transit, coordinate ride sharing services, guaranteed ride home, siting of bike racks and transit stops, research zip car program feasibility, determine carpool/ vanpool preferred parking spaces, and park & ride spaces. A minimum of 4 carpool parking spaces (which can be relocated within the complex as development proceeds) Pay a minimum of $5,000 to the Rt. 9TMA or successor in interest; Monitoring of Traffic throughout PV and at Earle/Rt. 10 intersection (in accordance with details identified in Appendix C of supplemental filing of Special Permit Application) Employee Survey to evaluate car-sharing, carpooling, bicycling and other traffic. reduction programs; Upon certificate of occupancy of first commercial building in Phase I (MassDevelopment has designated an ‘off-site’ coordinator through duration of construction) At Certificate of Occupancy of the first commercial building; replace with language from the amended special permit previously issued. Annually upon issuance of the Certificate of Occupancy for the first commercial building in Phase I. Six months after the issuance of the Certificate of Occupancy of first commercial building in Phase I, annually thereafter with reports sent to the Office of Planning & Development; Six months after the issuance of the Certificate of Occupancy for the first commercial building in Phase I, annually thereafter (can be part of TMA services) Construction of any lot on the south campus first requires either amendment of existing stormwater permits or submission and approval of a new permit from Department of Public Works. All stormwater detention basins must be owned and maintained by the landowner’s association. Specific criteria for maintenance will be spelled out in site plan and/or subdivision approval process. The Owner’s Association (OA) Covenants shall not prohibit irrigation systems that draw from the stormwater system and the detention ponds on OA or common land. Because catch basins are not being provided at Prince St. and the driveway servicing Lot 2 as shown on the conceptual plan submitted February 2009, prior to acceptance of any street or removal of performance guarantees, drainage problems at this intersection, if any, must be corrected by the developer by connecting to the Route 66 drainage system in a manner approved by DPW. Prior to issuance of any CERTIFICATE OF OCCUPANCY for lots1, 2, 3, OR 4, shown in on the conceptual plan sheet 1 submitted February 2009 the applicant must show: evidence, satisfactory to the Northampton DPW, that the existing cross-country water line from Grove Street is adequate for DPW to accept the line, at DPW’s discretion; or show that there is adequate fire flow and pressure without the line; or there is an amended Planning Board approval of an alternative method to provide adequate fire flow and pressure without this line. Because the site plan approval portion of the special permit for the Planned Village was deferred, all residential and commercial construction projects require site plan approval regardless of size or type. An applicant may apply for one overall site plan or may file in phases. The Planning Board reserves the right to approve the building and site design for all lots through said Site Plan Approval. Any specimen trees removed or destroyed as part of the construction shall be replaced by new trees totaling the same caliper diameter. 6