29-476 (4) 7. Plans submitted to the Planning Board under this Section shall be the same as the
plan submitted to the Planning Board under the Subdivision Control Law, and
shall include the statement "Lot(s) is a Flag Lot: building is permitted only
in accordance with the special Flag Lot Provisions of the Northampton Zoning
Ordinance."
S. The Special Permit application shall include a plan showing the location and
layout of the proposed driveway and house and all provisions for drainage and
storm water run-off.
9. A Flag Lot Special Permit shall be deemed to have been exercised (and thereby
shall not expire) when the Special Permit and endorsed subdivision plans have
been properly recorded at that Hampshire County Registry of Deeds.
"ATTACHMENT A"
Section 6.13 Flag Lots. In reviewing the application for a Special Permit with Site
Plan Approval for a Flag Lot, the Planning Board found said lot has:
I. The portion of the flag lot with less than the usual required frontage (the "flag
pole") may be no deeper than 300 feet.
2. The proposed flag lot has met the requirements of the Table of Dimensional and
Density Regulations, Section 6.2; and
3. An access roadway with no curve having a radius of less than eighty(80) feet or,
if access is from another lot, an area on the flag lot for an access roadway with no
curve having a radius of less than eighty(80) feet; and
4. The lot shall be laid out such that the principal structure (erected or to be erected)
may be located on the lot in such manner than a circle, with a minimum diameter
equal to one and one-half(1 %2) times the amount of the minimum frontage
requirement required for a non-flag lot in that district, can be placed around the
principal structure without any portion of said circle falling outside of the
property's line; and
5. for the subdivision of any single lot or contiguous lots under common ownership,
in existence at the time of adoption of this Ordinance or subsequent thereto, there
may be no more than three Flag Lots having abutting, contiguous street frontage.
Said contiguous Flag Lots under common ownership shall share one common
curb-cut and driveway access. Appropriate easements shall be delineated on the
Plot Plan and on the deeds to the lots, including a clear provision for the
responsibility for the maintenance of the common driveway, common utilities (if
any) and snow removal, running with the land. Said easements shall:
A. become part of all of the deeds, and
B. be recorded at the Hampshire County Registry of Deeds or Land Court, as
applicable (proof of recording shall be submitted to the Building
Commissioner prior to the issuance of any Building Permits).
6. The grade, length and location of access driveways shall be of suitable
construction,in the opinion of the Planning Board, for the access and, where
applicable, the turn-around for vehicles, including moving vans, ambulances, fire
and police. Said driveway shall conform to all applicable provisions of the
Zoning Ordinance.
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Planning Board - Decision City of Northampton
File No.: PL-1 2003-0028 Date: October 18, 2002
Pursuant to Massachusetts General Laws(MGL),Chapter 40A,Section 11,no Special Permit with Site Plan,or any extension,
modification or renewal thereof,shall take effect until a copy of the decision bearing the certification of the City Clerk that
twenty days have elapsed after the decision has been filed,or if such an appeal has been filed that it has been dismissed or
denied,is recorded in the Hampshire County registry of Deeds or Land Court,as applicable and indexed under the name of
the owner of record or is recorded and noted on the owner's certificate of title.The fee for such recording or registering shall
be paid by the owner or applicant.It is the owner or applicant's responsibility to pick up the certified decision from the City
Clerk and record it at the Registry of Deeds.(Please call the City Clerk prior to picking up the decision.)
The Northampton Planning Board hereby certifies that a Special Permit with Site Plan Approval has been GRANTED and
that copies of this decision and all plans referred to in it have been filed with the Planning Board and the City Clerk.
Pursuant to Massachusetts General Laws,Chapter 40A,Section 15,notice is hereby given that this decision is filed with the
Northampton City Clerk on the date below.
If anyone wishes to appeal this action,an appeal must be filed pursuant to MGL Chapter 40A,Section 17,with the Hampshire
County Superior Court or the Northampton District Court and notice of said appeal filed with the City Clerk within twenty
days(20)of the date of that this decision was filed with the City Clerk.
Applicant: Joseph&Patricia Brin—677 Burts Pit Road
DECISION DATE: October 10,2002
DECISION FILED WITH THE CITY CLERK: October 18, 2002
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' Planning Board - Decision City of Northampton
ti
Hearing No.: PLN-2003-0028 Date: October 18, 2002
G. 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.
In addition,in reviewing the Site Plan submitted with the application, the Planning Board found that the application complied with the
following technical performance standards:
1. The curb cuts have been minimized to one curb cut per lot.
2. Pedestrian, vehicular and bicycle traffic are separated on site to the extent possible.
The Planning Board voted 5.0 to Grant the waivers as requested in the application.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE:
911912002 101312002 1012412002
REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE:
912612002 1112212002 1011012002 1011012002 111712002
FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE:
912612002 10/10/2002 10/10/2002 1011812002
SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE:
101312002 8:30 PM I 2/2012003 2120/2003
MEMBERS PRESENT: VOTE:
George Kohout votes to Grant
Keith Wilson votes to Grant
Paul Voss votes to Grant
Kenneth Jodrie votes to Grant
Francis Johnson votes to Grant
MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION:
Francis Johnson Keith Wilson 5 Approved
MINUTES OF MEETING:
Minutes are available in the Office of Planning&Development
CERTIFICATE OF SERVICE
Pursuant to M.G.L. Chapter 40A, Section 11, I, Angela Dion, Board Secretary,
hereby certify that I caused copies of this Decision to be mailed to the
Applicant and Owner on October 18, 2002.
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GeoTMS®2002 Des Lauriers Municipal Solutions,Inc.
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Planning Board - Decision City of Northampton
Hearing No.: PLN-2003-0028 Date: October 18, 2002
APPLICATION TYPE: SUBMISSION DATE:
PB Special Permit with Intermediate 911812002
Applicant's Name: Owner's Name: Surveyor's Name:
NAME: NAME: COMPANY NAME:
BRIN JOSEPH V&PATRICIA C BRIN JOSEPH V&PATRICIA C
ADDRESS: ADDRESS: ADDRESS:
677 BURTS PIT RD 677 BURTS PIT RD
TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE:
FLORENCE MA 01062 FLORENCE MA 01062
PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: PHONE NO.: FAX NO.:
EMAIL ADDRESS: EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:
STREET,MO SITE ZONING:
67`x' NT •, SR
TOWN: SECTION OF BYLAW: f" .__. .,:......:.�.�..�,. ,.r_.._...._....
NORTHAMPTON MA 01060
Section 6. 13 & 10. 1 n
MAP W LOT: MAP DATE: ACTION TAKEN: _
2 001 Approved I R
Book: Page: �az-;- 1 ;? '?n�,� (�
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2206 285 I 1 I c,�-,2
tTllRE-QF PrtQPOSq WO$K: ..�».. .._.-
y� DElF'T OF BUILDIIlG INSPECT(h` NS
HARDSHIP:
CONDITION OF APPROVAL:
No conditions were imposed with this permit.
FINDINGS:
The Planning Board GRANTED the Special Permit with Site Plan Approval based on the following plans and information submitted with
the application:
1. "Plan of Land in Northampton,Massachusetts,surveyed for Susan Brin-O Brien&Jeffrey O'Brien,prepared by Heritage Surveys,Inc.,
dated July 15,2002.
In Granting the Special Permit with Site Plan Approval,the Planning Board determined:
A. The requested use for a flag lot protects adjoining premises against seriously detrimental uses because the addition of a single-family
dwelling will blend with the existing neighborhood and will be consistent with Suburban Residence zoning district
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 because the driveway will meet flag lots requirements regarding
width and depth.
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 because the flag lot will be in keeping with the character of the existing neighborhood.
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.
E. The requested use meets any special regulations set forth in Sections 6.13 and 10.1 of the Northampton Zoning Ordinance(see
Attachment A).
F. The requested use bears a positive relationship to the public convenience or welfare because it provides additional housing.
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 because the proposed use is residential and is located within the Suburban Residence district.
The use shall be in harmony with the general purpose and intent of the Ordinance.
GeoTMS®2002 Des Lauriers Municipal Solutions,Inc.