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PB Decision Special PermitPlanning - DecisionCity of Northampton Hearing No.:PLN-2011-0026Date: May 11, 2012 APPLICATION TYPE:SUBMISSION DATE: PB Special Permit with Intermediate 3/15/2011 Applicant's Name:Owner's Name: NAME: NAME: Glendale 66 CorporationJPST LLC ADDRESS:ADDRESS: 118-121 Queens Blvd.118-21 QUEENS BL Suite 316 TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: FOREST HILLSNY11375FOREST HILLSNY PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: WESTHAMPTON RD TOWN:ADDRESS: ACTION TAKEN: FLOREN CE MA 01062 Approved With Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 41032001 Chpt. 350-10.5: Open Space Residential TOWN:STATE:ZIP CODE: Development Book:Page: 1661188 PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: SUBDIVISION with Open Space Residential Cluster (24 lots) HARDSHIP: CONDITION OF APPROVAL: 1)Covenants: 1. Prior to endorsement of the definitive plans, a performance guarantee that conforms to Northampton Subdivision Rules and Regulations §6:06 (4) must be posted. The developer may place a covenant not to sell lots or, in lieu of placing a covenant, post a Letter of Credit in accordance with the standards in the Regulations. If a Letter of Credit is posted it must be in accordance with the Regulations, two lots must still be covered by a covenant not to sell, must be adequate to cover the costs of the city completing the project, at prevailing wages and with a 15% inflation factor, and the Letter may not be reduced below $100,000 until the project is complete and has been accepted as such by the Planning Board. 2. Final construction quantities for improvements shall be submitted for review and approval by Department of Public Works and Office of Planning and Development prior to approval of financial guarantee. 3. Prior to the construction of the road, the applicant must record all covenants, including those required in these conditions. The Department of Public Works and Office of Planning and Development shall review all covenants prior to recording to ensure adequate language addresses required conditions. The covenants shall not require financial payment from the owner of the open space areas. 4. All maintenance of the roadway infrastructure and sidewalks as well as all utilities will be the responsibility of the Owners’ Association (OA) until and unless the street is accepted as a public street by City Council. This maintenance requirement shall be so stated in covenants. Snow removal on sidewalks is the responsibility of the owners or owners’ association and shall be part of the covenants. This includes the paved walkways bordering and within the open space. 5. OA shall be responsible for all snow removal on sidewalks up to the bus shelter. 6. Covenants must include easements for the maintenance of the berm that runs behind lots 1, 2, 3 Water 7. Prior to construction of any of the residential units and after installation of water lines, a flow test must be performed to determine if standard fire flows are achieved for the units. If 750 GPM at 20 PSI cannot be achieved, then the residential units shall have individual fire suppression sprinklers in GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc. Planning - DecisionCity of Northampton Hearing No.:PLN-2011-0026Date: May 11, 2012 accordance with NFPA 13. 8. All water lines will be privately maintained by the homeowners’ association. Irrevocable covenants shall include language stating that the association shall maintain these in perpetuity. Covenants shall also clearly identify procedure for maintenance of lines such that any work on the lines in the street may not commence until written approval of Department of Public Works. 9. Irrevocable covenants must include easements for the Department of Public Works to access water valve shut offs in emergency situations. Department of Public Works will not be responsible for any repairs necessary. Sanitary Sewer 10. Maintenance of the private community septic shall be specified in the OA covenants. Language shall be reviewed and approved prior to recording of covenants. 11. Prior to construction of lots easements for the sanitary sewer line crossing lots 11-24 shall be reviewed and approved by the city and then recorded for these lots and noted in the OA covenants. Roadway, Traffic & Pedestrian Safety: 12. No stop signs shall be installed until the applicant can show to Department of Public Works that the warrants have been met for such signs. 13. Street signs, in accordance with city standards, shall be placed at the intersection of Westhampton Road and Glendale Road prior to the issuance of the first building permit for structures. 14. Sidewalks shall be continuous with no breaks for curb cuts. All driveway entrances shall be constructed so that traffic “ramps up” to sidewalks. Open Space: 15. Prior to any construction, a Conservation Restriction must be placed on the proposed open space and/or deeded to the city for public open space as determined by the applicant. IF the open space is to be maintained privately, the applicant shall submit draft language to Office of Planning and Development for review prior to recording the conservation restriction. The open space must be deeded for public use as offered by the applicant. 16. Prior to any lot sale signs shall be posted indicating public access to the open space on the trail access areas by lots 1, 4 & 5, 16, 17, 24. 17. A CR for Lots 1 and 2 shall be recorded prior to sale of these. The CR language shall be approved by Office of Planning and Development prior to recording. 18. If the level lip spreader overflows and washes out any future trail, the OA shall be responsible for reconstruction of the section of trail damaged by this system. Detention Ponds, Stormwater, Erosion Control: 19. A construction detail of subdrains must be included. Plan sheet Rl shows a stretch of subdrain from 0+00 to the catch basin lB at 2+90 that will be located in the field. Additional subdrain may be required. 20. A new lot #26 shall be created for the level lip spreader currently shown on lot 18 so that this can be maintained by the OA without the need for easements. 21. Easements for drain lines to all systems shall be recorded for lots 1, 2, 3, 17, 18, 11-14. Easement language shall be approved by the City prior to recording. 22. Tree planting detail on sheet L1 shall be replaced with the city’s planting standard showing the root flare above grade. Mulch shall be at grade and not above. Landscaping: 23. Buffer planting on abutter’s parcel 126 Glendale Rd shall be installed prior to the issuance of the second building permit on site. 24. As offered by the applicant, landscape buffers off site for 126 Glendale and onsite buffering for lots 137 Glendale and 145 Glendale Rd as shown on L1 shall be field verified with the subject property owner prior to installation. These shall be planted prior to the issuance of the second building permit. 25. Plans should be revised to show a split rail fence or comparable to demarcate property boundaries between this subdivision and the abutting parcels at 109, 123, 137, 145 Glendale Rd. Other: GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc. Planning - DecisionCity of Northampton Hearing No.:PLN-2011-0026Date: May 11, 2012 26. Traffic mitigation: The applicant will be paying $72,000 total toward mitigation. This includes an assumption of $18,810 for the value of the right-of-way through the open space The remaining $53,190 would be paid shall be paid to the city of Northampton delivered to Office of Planning and Development. in phases as follows: a) Prior to issuance of a building permit for the 10th home $22,163.00 b) Prior to the issuance of the 20th building permit, a second payment of $22,163 shall be made. c) Prior to the issuance of the 22nd building permit, the final payment of $8,864 shall be made. 27. Prior to final endorsement, mylars and all electronic submittals required in the subdivision rules shall be submitted with all revisions detailed in these conditions shown. 28. Except as waived herein, all aspects of the subdivision, including construction materials and methods, easements, inspections, plans, and process, shall conform with the Northampton Subdivision Regulations. FINDINGS: The Planning Board approved the application for a special permit for a 24 lot open space residential cluster with subdivision for the creation of a new street based on the following plans (as to be revised through conditions herein) and documents submitted with the application: 1.Kensington Estates Definitive Subdivision Plan, by The Berkshire Design Group, Inc. for Glandale 66 Corp., dated March 8, 2011 final revised date March 30, 2012 (not including revisions required herein). Sheets 01, P1-P5, E1, R1-R2, U1, S1, D1-D5, L1. 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. If applicable, this shall include provision for surface water drainage, sound and sight buffers and preservation of views, light, and air; The residential use is consistent with the surrounding uses and the applicant has offered to provide landscape buffers to abutting parcels to block headlights and other impacts on existing homes and (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 includes creation of open space and public access for a trail network to connect surrounding neighborhoods. The street will include speed humps to slow through traffic. The project will offset traffic through mitigation valued at $72,000 through dedication of public access on the trails and payment schedule as follows: a) Assumption of $18,810 for the value of the right-of-way through the open space b) Prior to issuance of a building permit for the 10th home $22,163.00 c) Prior to the issuance of the 20th building permit, a second payment of $22,163. d) Prior to the issuance of the 22nd building permit, the final payment of $8,864. (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. The clustering of the 24 units will preserve/protect natural habitat and resources on the property. (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; The sanitary system will be private and the water lines will be looped to ensure no drops in pressures on surrounding parcels. The water lines will be privately maintained and (5) The requested use meets special regulations set forth in; 10.5 Cluster. The Conservation Commission recommended approval of the project. (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 affect those objectives, as defined in City master or study plans adopted under MGL c. 41, § 81C and 81D. Sustainable Northampton calls for conservation development in this area of town in order to cluster limited development while preserving contiguous open space. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 4/21/20115/5/20116/9/20115/24/2012 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 4/28/20115/19/20115/10/20125/24/20125/31/2012 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 4/28/20115/12/20115/10/20125/11/2012 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 5/5/20117:30 PM8/8/20128/8/2012 MEMBERS PRESENT:VOTE: Debin Brucevotes toGrant GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc. Planning - DecisionCity of Northampton Hearing No.:PLN-2011-0026Date: May 11, 2012 Marilyn Richardsvotes toGrant Katharine G. Bakervotes toGrant Stephen Gilsonvotes toGrant Jennifer Dieringervotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Debin BruceMarilyn Richards5Approved 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® 2012 Des Lauriers Municipal Solutions, Inc.