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45-058 June 2009 DPW comments__ _ _ . Jun 11 2009 16.06 City of Northampton DPW (4131 587-1576 p.5 MEMORANDUM TO: David Bloomberg, Chair, Zonilug Board o ppesls FR: lames R. Laurila, P.E., City Engineer, DA: June ] 0, 2009 ' ItE: File: Oxbow Marina -Appeal of B ' d` Commissioner Map ID: 45=058 CC: file ' . The Department of Public Works has reviewed the above referenced application far the following items: Traffic; x Volume & Impact on City Street x Roadway Capacity ' x Adequacy of City Road Construction x Site Distances x Pazking x Driveway Openings ' Utilities; x Drainage Into City Stormwater System x Capacity of Stoxmwater Line x Sanitary Sewer x Water ' x Other: The Department of Public 'V~orks has the following comments: x No Concerns, project will not have an impact on any items reviewed Traffic Study is required Roadway does not have adequate capacity to handle the additional traff`Ic Roadway is not adequately constructed to handle proposed increase in traffic _-Site Distances are not adequate for proposed project Parking spaces do not meet minimum requirements Parking spaces are too close to driveway opening T Driveway openings axe not adequate for proposed use City stormwater system is not adequate to handle increase is drainage' Stormwater system does not meet minimum rcquirement$ for reduction of Total Suspended Solids (TSS) Sanitary Sewer line is not adequately sized forproposed use Sewer line connection is not properly shown Waterline is not adequately sized for proposed use _,,, ~ Water line connection is not properly shown Other Comments. Isiand Road Marina AppeaI.ZBA.tbC Page I Uf I ~nulgJPl~rnnglipplicatiotl: Ib N()Tleave this page tmt[I rtprintsT.~r ~~~ ( ~ Zoning/Planning Application: Do NOT leave this page until it prints!!! . .. Owner. Duda Mathias S Address: Island Road, Northampton, Massachusetts O10G0 ",~;:';`~; ''~ ~:` '"j, ° yi APPliraneJentrifcrRemilL~rd/(pip~75] r<;;•:.; ~;~;-v `;~^ :;;:i Address: l78 Island Road, I~7orthamptoq Massachusetts 010G0 "~- - ~ 413-58Cr5078, remillardj@comcastnct ,~s7`~` ''`''~' i ~ ~~r~i ~¢i~' :.°')~ '"~ = I represent under the pains and penalties ofperjury that: ~,_ T. The infottt>ittion in this application is correct 2 Two espies of the npplicatioa (EXCEPT for ANR plans} have already been delivered to DPW 3. I have ALREADY ostcd the req ' sign on the property. 4. The OWNER f a dsbrized th ity o inspect this pro Applicant signs e: Owner Signature: work Loudon: ow tins Island Road, No mpmn 01060 Map ID: Map 45 lock 058 Lot 001, Deed: Book 1899 Page 022, Toning: SC{100) U MAY 2 7 2009 CITY CLERKS OFFICE NORTHAMPTON, MA 01060 Permit(s) Requested: APPRb; • OF BUILDING COMIvIISSI(313J;R Toning {$200} Regulations. Chpt. 350-10.1 Special Permit Project: The applicant seeks a cease and desist order due to theviotation of conditions 2 and 3 of the Special Permit PLN-2007-0062. PERMIT CRFTERItI (IGNORE "pipe," it refers to permits you have not applied for.) I'tttding criteria lPtpe 245] [pipe: 246] Appeal of Building Comtttissioner The Building Commissioner erred in a zoning related matte , A UNIQUE injury as a result of such error that meets the standing test See attached statement Comprehensive 40B Pemut ~pipe:197] (ptpe:196] Variance Application: jpipe: 249] {pipe: 251] Spedal Pemvt and Site Plan Criteria: fpiae: 2531: (Dine: 82t ,. _,,- J 1 ~~/ Re: Appeal of Refusal to Enforce Special Permit (PLN-2007-0062) By Jennifer M. Remillard Detail of Building Commissioner's Alleged Error and Applicant's Unique Iniurv 1. On August 6, 2007, the Planning Board issued a decision which approved, with conditions, a Special Permit "for the outdoor commercial and recreation with site plan" for the Western United Football Club and the Northampton Soccer Club (the "Soccer Clubs") to utilize certain open space for soccer fields. The special permit allowed a substantial increase in the number of playing fields at this location. 2. The special permit required the Soccer Clubs to "utilize anoff--site parking area to enable park and walking to fields and/or carpooling to fields. Such a site shall accommodate 60 cars." The Planning Board agreed that the off-site parking area to be used would be the open space owned by Packaging Corporation of America adjacent to Route 5 at the corner of Island Road. 3. Despite the condition in the special permit with respect to off-site parking, the Soccer Clubs have not caused participants in the soccer programs to utilize the off-site parking area or to engage in carpooling. This failure to comply with this condition results insignificant amounts of traffic on Island Road by persons traveling by car from Route 5 to the playing fields. 4. The condition with respect to use of an off-site parking area was inserted by the Planning Board in response to coxicerns at the public hearings by numerous residents of Island Road (including the applicant who is now appealing the Building Commissioner's decision). On April 26th and 27th of 2009, the .applicant requested the Building Commissioner to enforce the condition in the special permit requiring the use of an off- site parking area and carpooling and to issue a cease and desist order with respect to use of the playing fields in violation of the condition with respect to off-site parking .and carpooling. 5. At all times that the playing fields are utilized, the off-site parking area is virtually never used and carpooling is not undertaken on any regular basis. This non-compliance with the conditions in the special permit results in excessive and dangerous levels of traffic on Island Road. 1\ inimini~g this traffic on Island Road was the purpose for including the off-site parking and carpooling requirements as a.condition to the issuance of the special permit. This increased traffic causes unique injury to the persons living on Island Road, including the applicant, whose safety and quality of life suffers as a result. In addition to the applicant, there are approximately 16 families living on Island Road who are adversely impacted by the violation of the off-site parking and carpooling conditions in the special permit. 6. The special permit also included the condition that the Soccer Clubs submit "traffic count data to the Office of Planning and Development two times per year." The 421748.1 ~J 0 _. _ _ .. _ data was to . be taken once in the Spring season and once in the Fa11 season. This requirement in the special permit has also not been complied with since the traffic counts for the Fa112008 and Spring 2009 seasons have never been submitted. 7. In a letter to the applicant dated April 28, 2009, the Building Commissioner refused to enforce the condition in the Special Permit with respect to use of the off-site parking area. 8. The applicant is now requesting the Zoning Board of Appeals to overrule the Building Commissioner's decision. 421748.1 Zimbra: re~;'D,ardj@comcast.net ~~, http://sz0019.wc.mail.c/omcast.net/umbra/public/frameOpenerHelper j... ~' , l ~SinartZone Communicata.ons Center Collaboration Suite remillardj~coincast.net Island Road Tra~.c Issue Sunday, April 26, 2009 10:19:24 PM From: remillardj@comcast.net To: apatillo@northamptonma.gov Cc: mindful5@comcast.net; sharacmom@msn.com; karenskyl0@comcast.net; seaatkinson@yahoo.com; sheilahbolger@comcast.net; davet@comcast.net; ohbebe0l@aol.com; kathrynzajkowski@yahoo.com; sweetp44@verizon.net; tkrutsky@verizon.net; nkrutsky@verizon.net Attachments: nsc 042609 2.doc (133.1KB) nsc 042609 3.doc (I90.1KB) nsc 042609 2.doc (133.1KB) nsc.doc (261.7KB) western united website 42609.doc (152.3KB) western united 042609 2.doc (145 ?KB} Mr. Patillo: I ~m writing this email with great annoyance and disgust for the complete situation that seems to be continually ignored andtor pushed aside in regards to the traffic issue on Island Road during soccer season. Here we are towards the beginning of soccer season and I have seen maybe ONE car parked at the lot at Route 5 and Island Road where the soccer traffic is SUPPOSED TO BE PARKING. Today (Sunday, Apri( 26, 2009) fior the second time in about two weeks, while walking our dog 1 was almost hit by a soccer parent. The license plate is MA FW'1953. The car is a gold colored Chrysler. When I realized the car was right on top of me I pulled our dog to the side and said "slow down", she told me to "get the *uck out of the middle of the road." I was not in the middle ofi the road and 1 did not hear any vehicles coming. If our dog had not put his ears up making me look to see what he heard, the car would have hit both of us. I went to the field at 3:45 p.m, and got the license plate information and white there counted 'f03 cars parked at the marina and 0 cars parked at the lot at Route 5 and Island Road where the special permit by the City requires the soccer club to park at least 60 cars. Last week I was almost hit by a small maroon SUV (I did not get the License plate on that vehicle as the car was leaving the road). I was on the edge of a lawn wearing a brightly colored jacket and walking our large dog! !was in clear site! Our neighborhood has many small children and animals who we, as tax paying residents, like to take for walks on our road without the fear of being hit! DOES SOMEONE HAVE TO BE HIT FOR ACTION TO BE TAKEN? Because I can tel{ you that once an injury occurs, Northampton will be in far more debt than it currently is from lawsuits filed due to the City of Northampton's negligence regarding this situation! I am asking that something be done :immediately to address this issue. The websites for both Western United and Northampton Soccer Club do not mention anything that indicates that parking needs to be at the lot at Route 5 and Island Road. I have attached screen shots from both websites_ They may indicate not to go above 20 mph but do not state anything about parking where the special permit indicates. ~imbxa: rerraillardj@comcastnet http:/lsz00I9.wc.mail.comcastnedzimbra/public/frameOpenerHelperj... ~,' ~~ This issue was brought to your atten#ion by many others recently. What is being done? Who is-supposed to enforce-the speciaF permit conditions? I would appreciate your prompt attention to this matter_ There is absolutely no reason for the residents to be jeopardized in this capacity. The parents who bring players to the games should drive like their children live here! Thank you, Mrs. Jennifer M. Remillard 178 Island Road Zimbra: remillardj@comcast.net ~ http://sz0019.wc.mail.c~omcast.net/zimbra/public/frameOpenerHelper j... ,_ ; SmartZone Communications Center Collaboration Suite rexnillardj@comcast.net Re: Island Road Traffic Issue Monday, Apri127, 2009 12:21:52 PM From: remillardj@comcast.net To: apatillo@northamptonma.gov Cc: mindful5@comcast.net; michael.bardsley@verison.net; BobReckman@aol.com; catsarge@juno.com; davet@comcast.net; dnarkewicz@comcast.net; wfeiden@northamptonma.gov; gwanorth@aol.com; lhasbrouck@northamptonma.gov; karenskyl0@comcast.net; kathrynzajkowski@yahoo.com; jkoncas@northamptonma.gov; mayor@northamptonma.gov; cmisch@northamptonma.gov; mlabargeward6@aol.com; mtcarney@comcast.net; david.murphy8@comcast.net; ohbebe0l@aol.com; cphilippides@northamptonma.gov; jonmar2@comcast.net; seaatkinson@yahoo.com; sharacmom@msn.com; sheilahbolger@comcast.net; acmearc@comcast.net; sweetp44@verizon.net Attachments: Planning Board Decision.pdf (82.6KB) Mr. Patillo: I am attaching the Planning Board's Decision that I received from Carolyn Misch. I would assume that you have access to the document. I am unsure as to why you need further clarification from the Board as to whether or not the lack of the use of the parking lot on Route 5 constitutes a breach of the permit as the permit specifically states as a Condition of Approval "As offered, the applicant shall utilize an off-site parking area to enable park and walking to fields and/or carpooling to fields. Such site shall accomodate 60 cars." What part of this is unclear? Can you not issue a cease and desist with this violation? I am also unsure as to why whether or not the encroachment of the road by residents is being brought forth in your email. The width of the road is irrelevant to the amount of additional traffic brought on by the soccer fields. The traffic and the terms/conditions of the soccer permit is the issue at hand. Jennifer M. Remillard /~~~ F ~ ~ 4 ;~,~ _~ Building Commissioner April 28, 2009 Mrs. Jennifer Remillard 178 Island Road Northampton, MA 01060 ~i~~y of ~or~han~p~on Massachusetrts DEPARTMENT` OF BUILDING INSPECTIONS 212 Main Street • Municipal Building Northampton, MA 01060 413-587-1240 ~~, SJs„~ ,~,r1~ ~\ 4C cG w: :~ N; ~.e4_ ~~, f=rom: Jennifer Remillard [mailto:remiflardj@comcast.netj Sent: Monday, April 27, 2009 12:22 PM To: Anthony Patil(o Ce: mindful5@comcast.net; bardsley, michael; BobReckman; catsarge; davet; dnarkewicz; Wayne Feiden; gwanorth; Louis Hasbrouck; karenskyl0; kathrynzajkowski; Joseph Koncas; Mayor of Northampton; Carolyn Misch; mlabargeward6; mtcarney; murphy8, david; ohbebedi; Corinne Philippides; Richards, Marilyn; seaatkinson; sharacmom; sheilahboiger; Stokes, Timothy; sweetp44 Subject: Re: Island Road Traffic Issue Mr. Patillo: I am attaching the Planning Board`s Decision that I received from Carolyn Misch. 1 would assume that you have access to the document. 1 am unsure as to why you need further clarification from the Board as to whether or not the Pack of the use of the parking 4ot on Route 5 constitutes a breach of the permit as the permit specifically states as a Condition of Approval "As offered, the applicant shall utilize an off- site parking area to enable park and walking to fields and/or carpooling to fields. Such site shall accommodate 60 cars." What part of this is unctear~ Cart you not issue a cease and desist with this violation? 1 am also unsure as to why whether or not the encroachment of the road by residents is being brought forth in your email. The width of the road is irrelevant to the amount of additional traffic brought on by the soccer fields. The traffic and the terms/conditions of the soccer permit is the issue at hand. Jennifer M. Remillard 178 Island Road Mrs. Remillard, f don't feel the issue you raise regarding offsite parking area andfor carpooling, constitute a violation that requires issuance of a Cease and Desist Order to the special permit issued by the Northampton Planning Board. You have the right to appeal this decision; the appeal would be to the Northampton Zoning Board of Appeals. This letter shall constitute a denial of your request to order a Cease and Desist for violation of Special Permit P LN-2007-0062. ~ Ly` Anthony atil(o "`~~ Building Commissioner City of Northampton CC: Northampton Office of Planning and Development, City So(icitarlanet Sheppard, Mayar's Office _ / - ' : ~ ~~ 1L~tter of Decision ~ _ . Planning -Decision City of Northampton Hearing No.: PW-2U07-0d62 Date: April 27, 2009 APPLICATION TYPE: SUBMISSION DATE: PB Special Permit with Major Site Plan 5!14/2007 Applicant's Name: t3wner's Name: NAME: NAME: Westem United Football Club DUDA MATHIAS S ADDRESS: ADDRESS: J Jonathan Wright ISLAND RD c 0 45 Bates Street TOWN: STATE: ZiP CODE: 1YORTNAMP70N MA 07080 PHONE NO : FAX NO.: EMAIL ADDRESS: Site Information: STREET NO.: !BLAND RD TOWN: NORFf1AMPTf1N MA 07060 MAP: BLOCK LOT: MAP DATE: 45 055, 001 BOCH: P89e: 9899 022 TOWN: STATE ZIP CODE: NORTHAMPT©N 1VlA D1060 PHONENO.: FAXNO.: (413) 554-2775 4 EMAIL ADDRESS: SITEZONING: SC(100)/ ACTION TAKEN: Approved With Conditions SECTION OF BYLAW: ChpL 350-1D,1: Speclai Permit NATURE 4F PROPOSED WORK Plan 8 schedule au#daarsoccerso as to reduce traffic flow 8 congestion. HARDSHIP: CONDITION OF APPROVAL: 1) The permitsha/f expire June 30, 2070. ~~ Page 1 of 2 Surveyor's Name: COMPANY NAME ADDRESS: TOWN: STATE: ZIP CODE PHONE NO.: FAX NO.: EMAIL ADDRESS: 2. As offered, the apptiaaat shaft utilize an of~sifa parking area to enablapark and working fo fields and/or carpooling to fields. Such a site shall accommodate 80 cars. 3. The applfcantshali submlf traffic count data to the Office ofPlanning and Development Iwo times per year. Dafa shall be taken on representative standard activity weeks once in the spring season attar once In the fa!! season. Automatic traffic counters shall be placed fn Iwo locations One shalt be on Island RoadnearRoufe 5, the offtershal! be located beyond the ~ 91 bridge at the entrance to the Marina. FINDINGS: The Planning Board Approved the Special Permit for the outdoor commerctai and recreation with site !'tan for the soccer club based on the following information and plans submifted with the appfication: - 1. Layout Plan of Marina, Prepared by The l~erkshire Design Group, inc. undated showing Western United Soccer freld areas and Northampton Soccer Club field areas. 2. Mafr'ix of Oxbow Soccer schedule. In &ranting the Special Penult with Site Plan Approval, the Planning Board determined that: A. The requested use protects adjoining premises against seriausfy detrimental uses. Soccer has been played on fhe fields at Etta Oxbow Marina site for many years and has existed relatively harmoniously until recent expansions of the fields. The applicant has resmtcfured Its play schedule to revert back to the levels fhat pre- file://C:\Documents anal Settings\jremillard\Locat Settings\Tem~\I.et~er of Deczsion.htanl 4/27/2009 -,;'~' '~'" Letter a#'Decisian ~ ~~ Page 1 of 1 Planning -Decision- City of Northampton. - Hearing No.: PLN 2007-0062 Date: Apri127, 2D09 G. The requested use bears a positive relationship to the public convenience orwelfare. The use wi11 not unduly impair the tnfegrtfy of character of the dTsirlct or adjoining zones, nor be detrimental to the health, morals, orgeneral welfare, Recreational fields are compatible with the surroundingsi'ngle family residential neighborhood H. The use is in harmony with the general purpose and i'nterrt of the Ordinance; arnl the requested use will promote City planning objectives #o the extent possrTile and will not adversely effect those objectives, as defined in Citymaster orskrdyplans adopted under M.G L. Chapter4l, Section 81-C and D. The open space and recreation plan calls for more f/etds to be created for recreational uses: These fields serve to fi11 a gap in the need for playing fields for you#h soccer. CAULO Np7 DEROGATE BECAUSE: FILING DEADLINE: MAIUNGDATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: a/24l2007 6JT12007 8/9/2007 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 5/39/2(107 7118/2007 7I2S12007 8/9/2007 8126J2007 FIRSTADVERT151NGDATE: HEARING DATE: VOTING DATE: DECISION DATE: 5/39/2007 &/14/2007 SECOND ADVERTISING DATE: HEARINGTIME: ti1J1200T 8:25 PM MEMBERS PRESENT: Stephen Gitsan George Russet/ Jennifer t)leringer Mark Sulttvan Francis Johnson George Kohout Keith Wilson ~12s12aoT 8/fi/Z00T VOTING DEADLINE: 6ECISION DEADL]NE: 10/2412007 10/2412007 voTE: votes fD Grant votes to No Action Needed votes to Gn;<nt votes to Grant votes to Grant votes to Grant votes to Grant Kenneth Jodrie votes to Grant MO710N MADE BY: SECONDED 5Y: VOTE COUNT: DEC1S10N: Keith 1Mtson Jenni'ferDieringer 7-1 Approved with Conditions MINUTES QF MEETWG: Auaflable to the Office of Planning & Aevelopment 1, Carolyn Mtsch, as agerrt to the Planning Board, certify that this is a free and accurate decision made by the Planning Board and certify that a copy of this and all plans have been tiled with the Board and the City Clerk on August 8, 2007: l certify that a copy of this dec/slon has been mailed to the Owner and Applicant Notice ofAppeal An appeal from the decision of the Planning Board may be made by any person aggrieved pursuant to MGL Chapt. 40A, Section 1T as amended wlthtn 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 Clty Clerk of the City of Northampton. GeoTMS®2009 Des Lauriers tNunicipal Solutions, inc. First Previous Next .Last file://C:\Documents and. Settings\jremiIlardlLocal Settings\Temp\Letter of DecisionPage2.... 4/27!2009 ~' ~ -. 1 '- '.n,f Letter of Decision ~ ~ Page 2 of 2 dated the freid expansion. ;B. The requested use wilt promote the convenience and safety of vehicularand pedestrian movement within the site and on adjace»f streets, minimize traffic impacts on the streets and roads in the area. The applicant will utilfze a parking Jot offsite forat least ti0 vehicles #o reduce the total number of vehicles traveling down island Road to fire Marina/saccersite: Traffic counts will be taken twice annually to monitor volumes on island Road. p. The requested use wl!! promote a harmonious relationship ofstrucfures and open spaces to the natural landscape, existing buildings and othercommunityassets in the area. The use of the fields forsoccer does not alter the open space. No structures are proposed. t The requested use wits not overload, and will mitigate adverse impacts on, the City's resources including ttie effect on the City's wafer supply and distribution system, sanitary and storm sewage collection and treatment systems, fine protection, streets and schools. No addlttonal services are required to serve fhe use. Na stormwater orconservafian commission pemtifs are necessary.; and F. The requested use meets regulations set forth In the Zoning Ordinance. GeOTMS®2009 Des Lauriers Municipal Solutions, Inc. first Previous Next Last file://C:1Documents and Settings\jremillard\Lacal Settings\Temp\Letter of Deczsian.hfiml 4/27/2009 r' ~ ° F \. 0 Nelson & Paul Charland 605 South Bridge Street Holyoke, MA 01040 Louise C. Duda Island Road Northampton, MA 01060 Frank N. Fournier, III 17 Harlow Avenue Northampton, MA 01060 Alexia Marvin 7 Ferry Avenue Northampton, MA 01060 Packaging Corp. of America 2700 S. Commerce Parkway Suite 300 Weston, FL 33331 Stanley Pelis 11 Ferry Avenue Northampton, MA 01060 Abutters List for Oxbow Marina -18 Abutters MATHIAS H DUDA Mathias S. Duda 156 PISGAH RD Island Road HUNTINGTON, MA 01050 Northampton, MA 01060 Louise Duda Charles J. Florio 157 Pisgah Road 3 Straights Road Huntington, MA 01050 Huntington, MA OlOSp Theresa Lipski Michael A. Lachapelle 3 Ferry Avenue 8 Karen Lane Northampton, MA 01060 Southampton, MA 01075 Massachusetts Audubon Soc. Donald & Ellen Miele 208 South Great Road 195 Royal Street Lincoln, MA 01773 Chicopee, MA 01020 Kenneth & Jane Pepin Andrew S. Pelis 491 East Street 21 Ferry Avenue Easthampton, MA 01027 Northampton, MA 01060 Jeffrey and Jennifer Remillard Sandra Yurgielewicz 178 Island Road 4 Ferry Avenue Northampton, MA 01060 Northampton, MA 01060 ~ _ `\ <7 ~ ~ ~ ~~ ~ _i _. Abutters List for Oxbow Marina (Easthampton Abutters) Doris M. Aube Family Trust Marsha Brittain Lawrence & Debra Costello 9 Saratoga Ave 1175 North St. Ext 67 Liberty Street Chicopee, MA 01012 Feeding Hills, MA 01030 Northampton, MA 01060 Dorman Family Trust G & K Dorman, Trustees 13 Peloquin Dr. West Springfield, MA 01489 John & ,Janet Drewnowski 198 Falmouth Road West Springfield; MA 01084 Easthampton Rod & Gun Club PO BOX 407 Easthampton, MA 01027 Darius S. Burt Donna & Gerald Pawlikowski 308 East Street Easthampton, MA 01027 Donald Lapointe PO BOX 8$1 Easthampton, MA 01027 William G. & Amy D. Meacham 35 High Street Monson, MA OI057 Tracy Jacot 4 Old Stagecoach Raa:d Easthampton, MA Oi027 Gerald R. & Judith A Lapointe 325 Acrebrook Drove Florence, MA 01062 Mt. Tom Dairy Inc. 324 East Street Easthampton, MA 01027 Sylvia S. Gross 228 East Street Easthampton, MA 01027 Mass Audubon Society 127 Coombs Road Easthampton, MA 01027 Pascommuck Cons. Trust Inc. PO BOX 806 Easthampton, MA 01027 John Ramsey JR & Edward F. Sparka David L. Sparko Helen M. Ramsey 5 Symansky Ave Judith Kubik 111 East Street Easthampton, MA 01027 6 Joan Street Easthampton, MA 01027 South Hadley, MA 01075