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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. GeoTMS®2009 Des Lauriers Municipal Solutions, Inc.