13-036 Planning - Decision City of Northampton
Hearing No.: PLN- 2009 -0057 Date: August 5, 2009
APPLICATION TYPE: SUBMISSION DATE:
PB Special Permit with Intermediate 6/22/2009
Applicant's Name: Owner's Name:
NAME: 14AME:
City of Northampton MERRIMACK MORTGAGE CO INC
ADDRESS: ADDRESS.
210 Main Street 211 NORTH ST
TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE:
NORTHAMPTON MA 01060 NORTHAMPTON MA 01060
PHONE NO.: FAX NO.: PHONE NO.: FAX NO.:
413 587 -1231 (413) 586 -5626 (105)
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information: Surveyor's Name:
STREET NO.: SITE ZONING: - COMPANY NAME:
RR(74)/SR(26)11RI
ACTION TAKEN: ADDRESS:
NORTHAMPTON MA 01060 Approved With Conditions
MAP' 4": LOT: MAP DATE: SECTION OF BYLAW:
036 001 1 Chpt. 350 -10.5: Open Space Residential TOWN: STATE: ZIP CODE:
Book: Page: Development
1216 231 PHONE NO.: FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
Two lot Cluster with one single family and one 2- family and common driveway.
HARDSHIP:
CONDITION OF APPROVAL:
1) Prior to any site work, the applicant must return to amend the site plan showing the location of the
common driveway, layout and design of the driveway, building elevations, location of the new
structure, and detail of location of sidewalk construction along N. King Street.
2.) A bituminous sidewalk, to match the sidewalk installed in front of the River Valley Market, shall be
installed as far along the frontage of the site as feasible up to a maximum $2,000 worth of work. This
amount meets the criteria for traffic mitigation.
3.)The internal property boundary between Lot 2 and 3 may be changed, as deemed desirable by the
applicant, through the ANR process so long as neither lot drops below the minimum lot size required
for cluster lots in 350 Attachment 2.
FINDINGS.
The Planning Board granted the Special Permit for the cluster open space development for the creation of two lots. One lot would contain
.the existing single family house and the second lot would have a 2- family structure. Approval was based on the following plans
submitted with the application materials:
"Plan of land in Northampton" prepared for The City of Northampton" by The Berkshire Design Group, Inc. Lots 1, 2, 3 Title: Merrimack
Mortgage Company, Inc. Approval Not Required Plan, Dated June 22, 2009..
The Planning Board found
1) The requested use protects adjoining premises against seriously detrimental uses. One new duplex on 13+ acres is far less dense than
what could be developed otherwise and less than the 88 units that were previously approved. Surface water drainage will be contained
on site, sound and sight buffers and preservation of views, light, and air; will be achieved through preservation of most of the parcel
under permanent protective status.
(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. If applicable, this shall include considering the location of driveway
openings in relation to traffic and adjacent streets, access by emergency vehicles, the arrangement of parking and loading spaces, and
provisions for persons with disabilities.
The project, including any concurrent road improvements, will not decrease the level of service (LOS) of all area roads or intersections
affected by the project below the existing conditions when the project is proposed. The Board accepted $2,000 worth of mitigation for the
one new lot approved that would not otherwise be by- right. Mitigation will include sidewalk construction.
(3) The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings
GeoTMS®2009 Des Lauriers Municipal Solutions, Inc.
Planning - Decision City of Northampton
Hearing No.: PLN- 2009 -0057 Date: August 5, 2009
and other community assets in the area; The applicant will submit a revised site plan showing common driveway location and elevations
of proposed structures for approval.
(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;
(5) The requested use meets the special regulations set forth in 10.5. 12 acres of open space will be given to the City.
(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) The requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives, as
defined in the recently adopted Sustainable Northampton plan adopted under MGL c. 41, § 81C and 81D. The Land Use Plan encourages
housing and open space preservation.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY APPEAL DATE:
7/2/2009 711612009 81612009
REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE:
71912009 812612009 712312009 81612009 812512009
FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: F.
71912009 7/23/2009 712312009 8/5/2009
SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE; DECISION DEADLINE:
711612009 10:30 PM 1012112009 10/21/2009
MEMBERS PRESENT: VOTE:
Marilyn Richards votes to Grant
Katharine G. Baker votes to Grant
Stephen Gilson votes to Grant
Mark Sullivan votes to Grant
Francis Johnson votes to Grant
George Kohout votes to Grant
MOTION MADE 8Y: SECONDED BY: VOTE COUNT: DECISION:
Katharine G. Baker Marilyn Richards 6 Approved with Conditions
MINUTES OF MEETING:
Available in the Office of Planning & Development.
1, 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.
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