PB DecisionPlanning - DecisionCity of Northampton
Hearing No.:PLN-2011-0010Date: October 1, 2010
APPLICATION TYPE:SUBMISSION DATE:
PB Special Permit with Major Site Pla9/9/2010
Applicant's Name:Owner's Name:
NAME: NAME:
COLVEST NORTHAMPTON LLCCOLVEST NORTHAMPTON LLC
ADDRESS:ADDRESS:
360 BLOOMFIELD AVE SUITE 208360 BLOOMFIELD AVE SUITE 208
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
WINDSORCT06095WINDSORCT06095
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
(860) 688-3667 (13)(860) 688-2343
(860) 688-3667 (13)(860) 688-2343
EMAIL ADDRESS: EMAIL ADDRESS:
plapointe.colvest@snet.netplapointe.colvest@snet.net
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
327 KING ST
HB
TOWN:ADDRESS:
ACTION TAKEN:
NORTHAMPT0N MA 01060
Approved With Conditions
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
24B038000
Chpt. 350-10.2: Permit Required
TOWN:STATE:ZIP CODE:
Book:Page:
4607294
PHONE NO.:FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
Site Changes, Fast Food, Bank , Firestone Addition
HARDSHIP:
CONDITION OF APPROVAL:
1)1. Prior to issuance of a building permit for the new building applicant shall submit final King Street
façade elevations to Office of Planning and Development for review/approval. Elevations shall show
brick with 40% glazing. If display windows are to be used as part of the glazing, these shall be
maintained in neat order and changed 3 times per year (minimum). If elevations are changed beyond
these criteria, applicant shall submit amended elevations for Planning Board review.
2. Prior to any site work plans must be resubmitted to Department of Public Works. Applicant shall
show new hydrant at king street and show its connection to the system in accordance with
Department of Public Works standards. Site drainage plans shall show the location of tie-in to the
public storm system. Water lines shall be sized in accordance with Department of Public Works
standards depending upon final use in new building. Final plans must show irrigation system and how
it is tied into private /site water lines.
3. Prior to issuance of a building permit OR start of construction at the site the applicant must record
an executed stormwater operation maintenance and inspection agreement that is approved by the
Department of Public Works. The agreement must include a detailed inspection and maintenance
schedule for all the stormwater facilities on the site. A draft agreement and maintenance schedule
must be submitted for review and approval by the Department of Public Works.
4. Prior to issuance of a certificate of occupancy for any of the buildings, the applicant must submit an
as-built plan stamped by an engineer showing that the light levels are consistent with the approved
plan for lighting.
5. Within six (6) months of certificate of occupancy for the front building, a traffic count shall be
performed and results submitted to Department of Public Works and Office of Planning and
Development. Signal timing shall be adjusted by the applicant as necessary and as determined by
report and/or Department of Public Works.
6. Within 2 years of the completion of the installation of the traffic signal, the new proposed building
shall be under construction. If construction has not begun, the applicant shall amend the permit with
the Planning Board to address this portion of the site.
7. Parking within the proposed easement access areas to the property to the south of the site is only
allowed in this area until such time as the abutting site is converted from industrial use to a
GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc.
Planning - DecisionCity of Northampton
Hearing No.:PLN-2011-0010Date: October 1, 2010
commercial office/retail or non-industrial use.
8. If fast food restaurant occupies building, grease traps shall be installed and Operations and
Maintenance plan will be required to be submitted to Department of Public Works.
9. Site disturbance calculations for the purposes of determining appropriate stormwater management
compliance is based upon the plans dated 9-16-10 showing slightly under an acre of disturbance. Any
disturbance beyond that shown shall be done only after approval by Department of Public Works.
10. Snow shall not be plowed into the buffer along King Street.
11. Relative to the conditions from the traffic signal permit approval, scored concrete shall be installed
in front of the pedestrian crossing, as show on plans submitted at the 9-23 hearing, as a means to
provide pedestrian safety crossing the driveway access at the signal.
12. Traffic mitigation shall be addressed as follows:
Prior to issuance of a certificate of occupancy for the use existing 61,000+- building, and for the
development/redevelopment of the 61,478 square foot building for retail only, the auto service facility
to 7,612 square feet and the 4,418 square foot bank, traffic mitigation shall consist of the following, as
offered by the applicant, with no payment in-lieu of traffic mitigation fee:
1. The traffic signal and related improvements, including two fully ADA accessible crosswalks, in
accordance with the Site Plan and the plans approved the by the Department of Public Works; AND
2. The granting of the access easement from the northerly abutting property and the southern abutting
property, as shown on the site plan and detailed on the previously issued Special Permit for the
property {insert citation to this permit here}
If a 3,500 square foot fast food restaurant is developed instead of the 4,418 square foot bank, the
traffic mitigation detailed above shall be provided, PLUS the donation, offered by the applicant, of a
permanent easement for sidewalk and multiuse trail purposes seven feet wide along the King Street
front property boundary, from the southern limit of the property to the driveway curb cut shown on the
site plans, AND the payment of $19,816 as payment-in-lieu of traffic mitigation. If the fast food
restaurant is larger than 3,500 square feet, the traffic mitigation fee shall go up by $82,000 per
additional $1,000 square feet.
FINDINGS:
The Planning Board granted the special permit for a bank, site plan for construction greater than 5,000 sf for additions to Firestone and
option for fast food restaurant or bank based on the following plans and information submitted with the application:
1. 327 King Street Existing Conditions Plan Sheet L-1 Prepared by The Berkshire Design Group for the Colvest Group dated 8/23/10
2. 327 King Street Site Plans and Details Sheets L-2, L-3 Prepared by The Berkshire Design Group for the Colvest Group dated 8/23/10
Revised 9/23/10.
3. 327 King Street Photometric Plan sheet PM-1 dated 8/19/10.
4. Stormwater Drainage Summary dated 9-17-10 by The Berkshire Design Group.
The Planning Board granted the approval after determining that the following criteria within the zoning ordinance had been met. The
approval also stands to comply with the permit condition in the previously approved site plan for the driveway with traffic signal requiring
final approval of site plan for build-out.
1. The requested use protects adjoining premises against seriously detrimental uses. Uses proposed are consistent with character of
commercial corridor. The surface water drainage management will be upgraded.
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. A new traffic signal with 4- pedestrian activated crossing will be
installed. Access from the King Street sidewalk will be separated and connect to the buildings. New buffers will improve the layout of the
parking lot. Cross-easements to properties to the north and south will be provided to enable use of the new signal./
a. The Planning Board allowed a reduction in parking requirements for the option of fast-food restaurant in accordance with § 350-8.6,
Shared parking.
b. The project, including any concurrent road improvements, will mitigate cumulative impacts to the street network as shown in the traffic
mitigation table created by Office of Planning and Development and in the file.
3. 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.
Upgrades in water and sewer lines as well as installation of grease traps will be made as necessary.
4. The requested use meets any special regulations set forth in this chapter, reduction and parking
5. Compliance with the following technical performance standards:
6. Curb cuts onto streets shall be minimized.
7. Pedestrian, bicycle and vehicular traffic movement on site is separated, to the extent possible, and sidewalks are provided.
8. 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
9. If applicable, the requested use will promote City planning objectives to the extent possible and will not adversely effect those
objectives, as defined in City master or study plans adopted under MGL c. 41, § 81C and 81D.
COULD NOT DEROGATE BECAUSE:
GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc.
Planning - DecisionCity of Northampton
Hearing No.:PLN-2011-0010Date: October 1, 2010
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
9/2/20109/16/201010/7/2010
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
9/9/201011/13/20109/23/201010/7/201010/21/2010
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
9/23/20109/23/201010/1/2010
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
9:10 PM12/22/201012/22/2010
MEMBERS PRESENT:VOTE:
Andrew Weirvotes toGrant
Debin Brucevotes toGrant
Marilyn Richardsvotes toGrant
Katharine G. Bakervotes toGrant
Stephen Gilsonvotes toGrant
Jennifer Dieringervotes toGrant
Francis Johnsonvotes toGrant
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Francis JohnsonDebin Bruce7Approved with Conditions
MINUTES OF MEETING:
Available in the Office of Planning & Development.
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® 2010 Des Lauriers Municipal Solutions, Inc.