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32C-311 25 Henry St-PB special permit-2009 and PLANSPlanning - DecisionCity of Northampton Hearing No.:PLN-2010-0002Date: August 19, 2009 APPLICATION TYPE:SUBMISSION DATE: PB Special Permit with Intermediate 7/15/2009 Applicant's Name:Owner's Name: NAME: NAME: SZAWLOWSKI JEROMESZAWLOWSKI JEROME ADDRESS:ADDRESS: 25 Henry St.25 Henry St. TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: NORTHAMPT0NMA01060NORTHAMPT0NMA01060 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 25 HENRY ST URC(100)/ TOWN:ADDRESS: ACTION TAKEN: NORTHAMPT0N MA 01060 Approved With Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 32C311001 Chpt. 350-6.3: Reduction of Dimensional and TOWN:STATE:ZIP CODE: Density Regulations Book:Page: 678733 PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: Frontage reduction for existing 3-family and frontage reduction for proposed new single family house. HARDSHIP: CONDITION OF APPROVAL: 1)There shall be a maximum of two curb cuts, one on each lot shown. 2.)Each lot shall have a 12’ wide driveway 3.)The 30’ x30’ parking pad shown on plans submitted is not approved in this permit. 4.) There shall be no detached accessory structures between the street and the front of the new single family house 5.) Prior to issuance of a certificate of occupancy, the applicant shall either make a payment in lieu of traffic mitigation of $1,000 or perform work as approved by Department of Public Works worth $1,000. FINDINGS: The Planning Board approved the application for a special permit for frontage reduction for the existing three family home as well as the new single family home based on the plans submitted with the application. The single family house lot frontage was reduced from 75’ to 64’ and the three family home lot was reduced from 100’ to 95’. 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 in relation to surface water drainage, sound and sight buffers and preservation of views, light, and air; The proposed is a single family unit on a large lot within a neighborhood that contains a mix of lot sizes and densities close to downtown. (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; and. Single family home would not significantly add to traffic concerns. The applicant has offered to either make a payment in-lieu of worth $1,000 or perform actual construction based on identified needs of neighborhood. (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 total lot area will remain conforming and maintain a large lot for the single family structure abutting farm land. and (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. There GeoTMS® 2009 Des Lauriers Municipal Solutions, Inc. Planning - DecisionCity of Northampton Hearing No.:PLN-2010-0002Date: August 19, 2009 is capacity in the system; and (5) The requested use meets any special regulations set forth in this chapter (6.3-B)= (1) The new dimensional requirements must be at least as stringent as the median of that dimension for all lots where any portion of those lots is within 300 feet of the subject parcel and within the same zoning district as the subject parcel; and (2) The requested special permit will provide infill development, and (3) A list of all applicable dimensional measurements for lots within 300 was filed with the special permit application as described in the Planning Board's bylaws; and. (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. The plan calls for creation of a mix of residential types and infill within this portion of the city. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 7/23/20098/6/20098/27/2009 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 7/30/20099/18/20098/13/20098/27/20099/8/2009 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 7/30/20098/13/20098/13/20098/19/2009 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 8/6/20097:20 PM11/11/200911/11/2009 MEMBERS PRESENT:VOTE: Marilyn Richardsvotes toGrant Katharine G. Bakervotes toGrant Stephen Gilsonvotes toGrant Jennifer Dieringervotes toGrant Mark Sullivanvotes toGrant Francis Johnsonvotes toGrant George Kohoutvotes toGrant Kenneth Jodrievotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Marilyn RichardsFrancis Johnson8Approved 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® 2009 Des Lauriers Municipal Solutions, Inc.