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11-001 Solder On-ZBA Comprehensive Permit 12-19-2012Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2013-0011Date: December 19, 2012 APPLICATION TYPE:SUBMISSION DATE: Comprehensive Permit12/18/2012 Applicant's Name:Owner's Name: NAME: NAME: SOLDIER ON DEVELOPMENT & MGMT CO IUNITED STATES VETERANS ADMINISTRATI ADDRESS:ADDRESS: 421 North Main St.421 NORTH MAIN ST TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: LEEDSMA01053LEEDSMA01053 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (866) 406-8449 () EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: NORTH MAIN ST TOWN:ADDRESS: ACTION TAKEN: LEEDS MA 01053 Approved w/ Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 11001001 TOWN:STATE:ZIP CODE: Book:Page: PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: Comprehensive Permit under MGL 40B to construct 60 units of housing with all units targeted to meet affordability restrictions in- 5 BLDGS. HARDSHIP: CONDITION OF APPROVAL: 1)To ensure these units are counted in the city’s inventory, as stipulated by DHCD: A regulatory agreement, the applicant shall formalize the regulatory agreement with the City and DHCD and record it prior to issuance of a building permit and received documentation from DHCD that the project is fully in compliance with the regulatory agreement prior to occupancy of the units. This permit is only valid to the extent that the affordability measures remain in full force an effect and in compliance with regulatory agreement. 2. No individual light fixtures shall exceed 1. 4 foot candles. (may exceed at entries and under covered pavilions). 3. Light shall be added to playground. 4. Approve requested waivers for open space, construction materials, frontage and signs. All sections of the Northampton zoning and other ordinances not specifically waived shall apply. 5. Consistent with MGL40B, this is a one-stop permit and this comprehensive permit shall be in-lieu of all zoning and stormwater permit approvals. 6. Prior to issuance of a building permit, Department of Public Works questions relative to drainage shall be answered including request for new test pits to verify subsurface soils to confirm the ability for infiltration to be accomplished as designed. 7. Prior to building permit, Department of Public Works shall be given construction documents to review consistency with permit plans. 8. The project shall meet the Northampton stormwater standards with no waivers. 9. The bypass stormwater line should incorporate some mitigation through energy dissipation and/or infiltration or other mechanism. 10. If Department of Public Works determines that additional level lip spreaders or rip rap is necessary to prevent erosion below the outlet structures, the applicant shall install such control measures. GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2013-0011Date: December 19, 2012 11. Snow shall not be plowed to the detention ponds. 12. Annual stormwater maintenance reports shall be sent to Department of Public Works upon completion to ensure that the system continues to work as designed. FINDINGS: The Zoning Board of Appeals granted the request for a Comprehensive Permit to create 60 units of affordable housing for veterans by Soldier On Development Inc. on property located within the grounds of the US Veterans Administration Hospital to be leased from the VA. The permit was granted in compliance with M.G.L. Chapter 40B, Section 20-23 based on the following plans and information submitted with the application: 1. Plans to Accompany Permit Applications for Soldier On Development, by SK Design Group, Inc. Dated October 2012, Sheets L1-L18 (sheet L12 revised Nov 29, 2012). 2. Proposed Building Elevations By Elton and Hampton Architects, Sheets A-8 and 9, A-16, A18, A20 3. Landscape Plans Planting Sheet L-11, October 26, 2012. 4. Pedestrian Map 5. Evidence of Site Approval & Eligibility Letter. 6.. Evidence of Site Control with 75 year lease. 7. Preliminary Drawings. 8. Building Tabulation. 9. Utilities Plan. 10.. Stormwater Report by SK Design Group dated October 2012. 11. Requested Exemptions and Waivers from Northampton Zoning Ordinances. The Board granted the exemptions and waivers as part of the Comprehensive Permit to create a total of 60 affordable housing units in a cluster arrangement with the following waivers only: 1. Waived-provision of permanently protected deed restricted open space to comply with cluster regulations not possible since Soldier On has a ground lease from VA. Open space is present, but cannot be deed restricted. 2. Waived- construction materials only in the places where curbing is not provided so that sheet flow can occur. 3. Waived- Frontage requirement to meet the standards in Cluster. Providing 159+’ not 375’ 4. Waived- Signage to allow two ground signs one at each driveway entrance off the main VA road. 5. Waived- Full compliance with lighting standards to allow up to 1.4 foot-candles per fixture under the canopy and at building entries as shown on the revised lighting plans. The Findings of the Zoning Board of Appeals were based on public comments, recommendations from the Northampton Planning Board and Northampton Department of Public Works. The Zoning Board of Appeals determined: A. The requested use includes provision for sheet flow surface water drainage, sound and sight buffers and preservation of views, light, and air. Surface water drainage will improve water quality and quantity flowing off site. B. 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. Consideration of 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 has been made. The project includes pedestrian connections to the VA sidewalk system which leads to the planned park and ride lot, and to the signal on Route 9 which will have a pedestrian crossing to the Northampton rail trail. Van service by Soldier On is available. 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. The structures are located in a wooded area that is not visible from abutting parcels. 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. Stormwater will be mitigated on site. The applicant will incorporate measures to attenuate flows from the existing VA system through rerouting of the storm drain lines. E. 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. Cluster units are allowed in this district and the proximity to medical services creates an important synergy between the proposed units and the VA. F. The requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives, as defined in City master or study plans adopted under M.G.L. Chapter 41, Section 81-C and D. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 11/13/201212/8/20121/22/2013 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 12/1/20121/17/201312/13/20121/22/20131/8/2013 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 11/29/201212/13/201212/13/201212/19/2012 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 12/6/20125:30 PM6/22/20137/6/2013 GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2013-0011Date: December 19, 2012 MEMBERS PRESENT:VOTE: Malcolm B.E. Smithvotes toGrant David Bloombergvotes toGrant Sara Northrupvotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Sara NorthrupMalcolm B.E. Smith3Granted w/ Conditions MINUTES OF MEETING: Available in the Office of Planning & Development. I, Carolyn Misch, as agent to the Zoning Board of Appeals, certify that this is a true and accurate decision made by the Zoning Board and certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date 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 Zoning Board may be made by any person aggrieved and pursuant to MGL Chapt 40A Section 17 as amended, within (20) days after the date of the filing of this decision with the City Clerk. The date of filing 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 Northampton. Alternatively appeals pursuant to MGL 40B section 22 can be made within 20 days. GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc.