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30C-043 400 Burts Pit Road cluster- PERMIT EXPIREDPlanning - DecisionCity of Northampton Hearing No.:PLN-2011-0011Date: October 18, 2010 APPLICATION TYPE:SUBMISSION DATE: PB Special Permit with Intermediate 9/15/2010 Applicant's Name:Owner's Name: NAME: NAME: CITY OF NORTHAMPTONWILLARD DONALD JR & ELIZABETH ADDRESS:ADDRESS: Office of Planning & Development400 BURTS PIT RD 210 MAIN STREET TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: NORTHAMPTONMA01060FLORENCEMA01062 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (413) 587-1287 () EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 400 BURTS PIT RD SR(100)//WP TOWN:ADDRESS: ACTION TAKEN: NORTHAMPT0N MA 01060 Approved With Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 30C043001 Chpt. 350-10.5: Open Space Residential TOWN:STATE:ZIP CODE: Development Book:Page: 1980068 PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: 2 FAMILY CLUSTER & FLAG LOT W/COMMON DRIVEWAY. Project includes parcels 30C-44, 60 HARDSHIP: CONDITION OF APPROVAL: 1)1.The conservation restriction or agriculture preservation restriction and the multi-use trail right-of- way offered to the city must be fully executed, in effect, and on-record. 2)2.A stormwater permit waiver must be obtained from the Department of Public Works FINDINGS: The Planning Board approved the application for a special permit for a one-lot open space cluster and a flag lot which would result in a new lot layout for the existing 2-family home based upon the plans and information submitted with the application. In granting the permit, the Board found that the following required elements had been met: (1) The requested use protects adjoining premises against seriously detrimental uses. The addition of a single family house lot with preserved open space will permanently protect more than 50% of the parcel for agricultural purposes. (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 project will consist of one common driveway to serve both lots. In lieu of traffic mitigation, the applicant has dedicated an easement for future possible pedestrian and bicycle access spur for this portion of the city. (3) The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area. (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 special regulations set forth in; 10.5 Cluster and 6.10 flag lots and common driveways. The project minimizes curb cuts by creation of a common driveway. (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 (7) 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. The plan calls for cluster development in this portion of the city and will create an agricultural opportunity for the property owner to the benefit of the City. COULD NOT DEROGATE BECAUSE: GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc. Planning - DecisionCity of Northampton Hearing No.:PLN-2011-0011Date: October 18, 2010 FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 9/23/201010/7/201010/28/2010 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 9/30/201011/19/201010/14/201010/28/201011/7/2010 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 9/30/201010/14/201010/14/201010/18/2010 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 10/7/20107:00 PM1/12/20111/12/2011 MEMBERS PRESENT:VOTE: Andrew Weirvotes toGrant Marilyn Richardsvotes toGrant Stephen Gilsonvotes toGrant Jennifer Dieringervotes toGrant Mark Sullivanvotes toGrant Francis Johnsonvotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Mark SullivanJennifer Dieringer6Approved with Conditions MINUTES OF MEETING: Available in the Office of Planning & Development. I, Wayne Feiden, 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. 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