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31B-192 91 King Street-PB Site Plan Approval-4-26-2011Planning - DecisionCity of Northampton Hearing No.:PLN-2011-0007Date: April 26, 2011 APPLICATION TYPE:SUBMISSION DATE: PB Major Site Plan8/12/2010 Applicant's Name:Owner's Name: NAME: NAME: Saint Elizabeth Ann Seton ParishROMAN CATHOLIC BISHOP OF SPRINGFIEL ADDRESS:ADDRESS: 3 Elm StreetKING ST TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: NORTHAMPT0NMA01060NORTHAMPTONMA01060 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 91 KING ST CB(100)/ TOWN:ADDRESS: ACTION TAKEN: NORTHAMPT0N MA 01060 Approved With Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 31B192001 Chpt. 350- 11: Site Plan Approval TOWN:STATE:ZIP CODE: Book:Page: PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: Demolish 2 buildings and construct new 14,000 sq. ft. parish center building with associated site improvements inclduing 140+ space parking lot with two 24' wide curb cuts. HARDSHIP: CONDITION OF APPROVAL: 1)Final plans incorporating conditions herein shall be stamped and submitted prior to any work on the site. 2. To meet the criteria in 350-8.9F, two landscaped islands shall be added to center parking area. At minimum, the dimension of each of these islands shall be the width of one parking space and the length of two parking spaces (8.5’ x 36’). 3. Four additional street trees shall be planted along the frontage. Trees shall be selected from Northampton Tree Committee list. 4. Tree protection measures shall be installed prior to any site work for trees at the entrance. 5. Water and sewer line connections shall be made in accordance with Department of Public Works standards. 6. In order to provide separated, safe non-vehicular access for parishioners to this site, a 6’ wide bituminous connection from the parking lot to the rail trail shall be installed. Construction materials and specifications shall be in accordance with Office of Planning & Development standards for rail trail construction. The connection shall be made either on the applicant’s property or, at the property owner’s choice, on abutting property prior to completion of any portion of the parking lot. 7. Approval of the layout of the parking lot and the two curb cuts is contingent on the rail trail access being provided. At the applicant’s choice, if they find the rail trail connection impossible, they can request an amended approval from the Planning Board showing no rail trail connection but instead showing only one curb cut and improved pedestrian and bicycle connection on the site. 8. These approved plans include a traffic waiver based on limited weekday use of the new building. If the days of the week in which the building is used changes to functions that occur during the PM peak periods Monday through Friday (for at least 50% of the functions), traffic mitigation will be required in accordance with the increase in peak trips generated as described in the zoning. 9. Upon completion of parking, applicant shall submit a stamped lighting plan showing that installed light levels comply with zoning and plans shown for CB. GeoTMS® 2011 Des Lauriers Municipal Solutions, Inc. Planning - DecisionCity of Northampton Hearing No.:PLN-2011-0007Date: April 26, 2011 10. Snow shall be plowed to the rear of the site. 11. Lights off within one hour after the last function. No more than 4 pole lights shall remain on during the night. FINDINGS: The Planning Board approved the site plan for the layout of a new 14,000 square foot function hall and associated site development by a 3- 2 vote of eligible planning Board members present. The Board based its decision on the following plans and information submitted with the application: 1. St. Elizabeth Ann Seton Parish Revised Site Plan Submission, dated March 31, 2011 by The Berkshire Design Group, Inc. Plan Sheets EX, 1, 2, 3, SL-1B, A1. 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; Stormwater management will be contained on site and plantings will be added between the new building and the residences to the north. B. The requested use/site 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. Through condition, the connection to the bike path will accomplish compliance with this standard. If applicable, this shall include considering the location of driveway openings in relation to traffic and adjacent streets, access by public safety vehicles, the arrangement of parking and loading spaces, and provisions for persons with disabilities; The Planning Board granted the relocation and widening of two curb cuts based on separation of pedestrian/bicycle and vehicular traffic. 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. Given the off-peak trips anticipated and noted in traffic letter and assuming the rail trail access condition recommended, staff believes this criteria has been met. C. 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; Landscaped islands to break up the mass of 82 parking spaces will meet this criteria. 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 will be in accordance with Department of Public Works standards. E. The requested use meets any special regulations set forth in this chapter. There are none specified in the zoning. The Board did approve a waiver from the standard 16' pole heights to 18' and 20' due to the limited space available for installing new poles. The lights will be on the south side of the new structure and generally screened from the residences. F. Compliance with the following technical performance standards: (1) Curb cuts onto streets shall be minimized. Access to businesses shall use common driveways, existing side streets, or loop service roads shared by adjacent lots when possible. More than one curb cut shall be permitted only when necessary to minimize traffic and safety impacts. The Board approved the widened double curb cuts based on the condition that safety improvements for non-motorized access will be created at the rear of the site along the rail trail. (2) Pedestrian, bicycle and vehicular traffic movement on site must be separated, to the extent possible, and sidewalks must be provided between businesses within a development. Adequate separation and accommodation for bicycles/pedestrians will be met through conditions. (3) Major projects, except in the Central Business District, 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) and so that the runoff from a four- to ten-inch rain storm (first flush) is 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 three feet and, if they will remain privately owned, a gas trap. A Department of Public Works stormwater permit was issued. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 9/2/20109/16/201010/14/20104/28/2011 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 9/9/201010/16/20104/14/20114/28/20115/16/2011 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 9/9/20109/23/20104/14/20114/26/2011 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 9/16/20105/30/20117/13/2011 MEMBERS PRESENT:VOTE: Andrew Weirvotes toDeny GeoTMS® 2011 Des Lauriers Municipal Solutions, Inc. Planning - DecisionCity of Northampton Hearing No.:PLN-2011-0007Date: April 26, 2011 Debin Brucevotes toGrant Katharine G. Bakervotes toDeny Stephen Gilsonvotes toGrant Mark Sullivanvotes toIneligible to Vote Francis Johnsonvotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Debin BruceFrancis Johnson3-2Approved 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® 2011 Des Lauriers Municipal Solutions, Inc. Carolyn Misch From:simonetopal@yahoo.com Sent:Thursday, September 30, 2010 2:13 PM To:Carolyn Misch Cc:Wayne Feiden; Karen Bellavance-Grace Subject:Re: Ann Seton Parish Hall Plans Thank you Carolyn, The proposed 5-8' plantings are not likely to block out the noise, light, and garbage resulting from the two story hall and are vastly inferior to the existing stand of hundred year old trees. It is a paltry acknowlegment of our existence at best, and is more likely a feeble attempt at some landscaping to appease the Board. The proximity of theWall-Mart sized building will decrease the property and resale values of our homes. Thank you for pointing that out though. Simone Sent from my iPhone On Sep 30, 2010, at 11:03 AM, Carolyn Misch <cmisch@northamptonma.gov> wrote: Simone- Please see the attached PDF that shows a portion of the planting plan that the church submitted as part of the site plan review process. The proposed function hall has variable setbacks. In the area that abuts your property, the setbacks range from 15’ at the closest to 22’. The landscape architects who designed the plant scheme selected Norway Spruce (columnar variety) and Arborvitae. The height upon planting is proposed to be 5’ – 8’. Regards, Carolyn Misch From: simonetopal@yahoo.com [mailto:simonetopal@yahoo.com] Sent: Wednesday, September 29, 2010 1:04 PM To: Carolyn Misch Cc: Wayne Feiden; Karen Bellavance-Grace Subject: Re: Ann Seton Parish Hall Plans We are curious to know what kind of replacement buffer is going to survive in a 15 ft wide alleyway between the new hall and our houses. Simone Sent from my iPhone 1 On Sep 29, 2010, at 9:48 AM, Carolyn Misch <cmisch@northamptonma.gov> wrote: Simone- There is not an ordinance that controls the removal of trees on private property. The plans that were submitted to the Planning Board did show a replacement buffer to be planted along the Edwards Square boundary, but did not enumerate the number of existing trees on site. Please let me know if you have further questions. -Carolyn Misch From: simonetopal@yahoo.com [mailto:simonetopal@yahoo.com] Sent: Wednesday, September 29, 2010 9:00 AM To: Wayne Feiden Cc: Carolyn Misch; Karen Bellavance-Grace Subject: Re: Ann Seton Parish Hall Plans Thank you Wayne. The church is currently destroying all the trees around the main building. We are worried they will proceed to destroy all the trees before the next meeting. Is there anything that can be done? Simone Sent from my iPhone On Sep 29, 2010, at 8:39 AM, Wayne Feiden <wfeiden@northamptonma.gov> wrote: Thanks very much. We can pass on your comments to the Planning Board at their next meeting. Carolyn, can you forward to the email to them. 2 Wayne Feiden, FAICP Director of Planning and Development City of Northampton 210 Main Street, Room 11 Northampton, MA 01060 http://www.northamptonma.gov/opd 413.587.1265 directions (Google map) From: Simone Topal [mailto:simonetopal@yahoo.com] Sent: Tuesday, September 28, 2010 2:13 PM To: Karen Bellavance-Grace Cc: Carolyn Misch; Wayne Feiden Subject: RE: Ann Seton Parish Hall Plans Dear Karen, Thank you! The letter is just from me but represents a group of people who own homes on Edwards Square. The group is meeting and organizing a multi-pronged effort to increase awareness and hopefully will have some effect. Thanks again, Simone Tue, 9/28/10, Karen Bellavance-Grace <kbellava@northamptonma.gov> --- On wrote: From: Karen Bellavance-Grace <kbellava@northamptonma.gov> Subject: RE: Ann Seton Parish Hall Plans To: "Simone Topal" <simonetopal@yahoo.com> Cc: "Carolyn Misch" <cmisch@northamptonma.gov>, "Wayne Feiden" <wfeiden@northamptonma.gov> Date: Tuesday, September 28, 2010, 1:36 PM Dear Dr. Topal, 3 Congratulations on your family’s joyous addition – Mayor Higgins will be happy to hear of it when she returns next week from a few days away with her own family. I am taking the liberty of forwarding your email to staff in the Office of Planning and Development who work with the Planning Board and can ensure that your concerns are brought to the board members’ attention. Thank you for taking the time to detail and share your concerns. I hope that Carolyn and Wayne will be able to provide you with additional information about how this process may move forward. Best, Karen Bellavance-Grace Aide to Mayor Higgins From: Simone Topal [mailto:simonetopal@yahoo.com] Sent: Tuesday, September 28, 2010 1:04 PM To: Mayor of Northampton Subject: Ann Seton Parish Hall Plans Dear Clare, I hope all is well with you. I had a baby boy on Sept 2--Jacob! This letter is written to bring to your and the Northampton Planning Board's awareness the concerns of the neighbors of the Ann Seton Parish Church. 4 My family lives in a renovated Victorian house that was converted into three small condo units at 13 Edwards Square, next to the Ann Seton Parish Church on King Street. Edwards Square is a quiet and pretty oasis of mostly renovated Victorian houses off of what you know is likely the ugliest and busiest street in downtown Northampton. There is a small strip of large old-growth trees on the church property between our houses and the church which provide shade, noise reduction, and a buffer between our houses and the church. Red hawks nest in these trees. It is remarkable to have such a pretty stand of substantial old trees in the heart of the city. The Springfield Republican just published an article on 9/26 that named Northampton number one in the state for progressive land development. Several of the homeowners on Edwards Square got together Sunday night out of concern regarding a new 15,000 foot parish hall the church plans to construct within 15 feet of our houses, necessitating destruction of all the trees. A very large old healthy tree has already been destroyed along with the demolition of the old convent house. The demolition work occurred with no warning, and was loud, dirty, dusty, and continued late into the night until several people called the police. We obtained and examined the plans for the hall, and while the new building is on top of our houses, the parallel corridor between the rows of parking places on he other side of the proposed building is 35 feet wide (a normal city street is 25 feet wide). As you may be aware, the new building also necessitates destruction of the rectory, an historically significant building. The plans for the new hall reveal an unsightly and very large structure. The plans also call for paving the vast majority of the land, including all the existing grassy lawn in front of the church. We are concerned about the noise, light, and proximity of the new building, as well as the noise and length of time of construction. The plans also do not comply with the new rezoning guidelines for King Street. The church currently does not have the funds available to build the hall, but has demonstrated some urgency in clearing and demolishing the old trees. We understand that as a nonprofit organization the church is exempt from many regulations regarding zoning but hope that it would show some consideration for the neighboring community and the aesthetics of the neighborhood. The hall is proposed "to accommodate the needs of the parish". Currently the parishoners I know and have spoken to have no difficulty finding parking. The parishoners I know also have not been apprised of any construction plans and are not pushing for a new hall. It is our understanding the the new hall will have a gift shop, offices, and 300-person banquet/bingo hall as a money-generating enterprise for a cash-strapped church. The directives for demolition and construction have come from the Bishop in Springfield. The local priest has been in dialogue with us but is apparently just following orders. We feel that the plans were drawn up with absolutely no consideration for the neighboring community. Our hope and request of the church and the Northampton Planning Board is for a small buffer zone between our houses and the hall/parking lot that includes the existing old growth trees. We suggest making the lanes between the rows of parked cars smaller to enable moving the hall/parking lot farther from our houses and preserve the trees, or perhaps making the hall narrower as well. Another suggestion is to move the hall to the other side of the church, next to the bank, after the planned demolition of the historic old hall takes place. Thank you for listening to us. Simone Simone Topal, MD 13 Edwards square 5 Northampton, MA 01060 413 695 3199 <Church.pdf> 6