31C-035, 048, 049 and 38A-135, 151 Musante Dr-SITE PLAN APPROVAL-2013Planning - DecisionCity of Northampton
Hearing No.:PLN-2014-0017Date: December 18, 2013
APPLICATION TYPE:SUBMISSION DATE:
PB Intermediate Site Plan10/11/2013
Applicant's Name:Owner's Name:
NAME: NAME:
PECOY GROUPPECOY GROUP
ADDRESS:ADDRESS:
215 BALDWIN ST215 BALDWIN ST
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
WEST SPRINGFIELDMA01089WEST SPRINGFIELDMA01089
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
(413) 781-7008 ()
(413) 781-7008 ()
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
MUSANTE DR
PV
TOWN:ADDRESS:
ACTION TAKEN:
NORTHAMPTON, MA 01060
Denied
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
31C035
Chpt. 350- 11: Site Plan Approval
TOWN:STATE:ZIP CODE:
Book:Page:
PHONE NO.:FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
Five single family homes on two parcels including 38A-135 and 31C-35.
HARDSHIP:
CONDITION OF APPROVAL:
FINDINGS:
As specified in the special permit granted in 2003 for the creation of the Planned Village as a whole, detailed site plan approval by the
Planning Board for specific uses and locations of buildings shown on the “illustrative site plan” approved with that special permit would
be required prior to any construction of buildings/uses. Further Chapter 350 Section 11.6 (E) Site Plan approval criteria requires that the
plan comply with special regulations in the zoning ordinance which includes those specified for Planned Village Special permits.
The Board could not find that the site plan submitted for these two sites was consistent with the “illustrative site plan” provided with the
approved special permit application for the Planned Village. At issue was the change in massing and form within the core area from the
illustrative site plan.
Thus, the site plan failed to obtain a majority approval from the Planning Board because a special permit had not been applied for and
received for the change in massing and density that was proposed in the site plan submittal. As part of deliberation on the matter, the
Board discussed that appropriate public hearing and analysis of the change from attached higher density residential units, originally
shown in the conceptual site plan approved with the overall Special Permit establishing the Planned Village in 2003 -amended in 2009, to
lower density detached single family units had not been held. Therefore, the Board members felt that discussion and review of the
technical standards under site plan for this different form, massing and density of housing was premature.
Board members voting for denial repeatedly encouraged the applicant to either agree to have the site plan hearing continued until such
time as a special permit could be applied for, noticed, and heard or withdraw the application without prejudice and reapply after the
public hearing and decision on special permit amendment.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
11/21/201312/5/201312/26/2013
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
11/28/201312/15/201312/12/201312/26/20131/7/2014
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
11/28/201312/12/201312/12/201312/18/2013
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
12/5/20137:15 PM3/12/20143/12/2014
MEMBERS PRESENT:VOTE:
GeoTMS® 2013 Des Lauriers Municipal Solutions, Inc.
Planning - DecisionCity of Northampton
Hearing No.:PLN-2014-0017Date: December 18, 2013
Dan Feltenvotes toDeny
Debin Brucevotes toGrant
Ann DeWitt Brooksvotes toGrant
Jennifer Dieringervotes toDeny
Mark Sullivanvotes toDeny
Francis Johnsonvotes toGrant
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Francis JohnsonAnn DeWitt Brooks3-3Denied
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® 2013 Des Lauriers Municipal Solutions, Inc.