29-012 (2) Northampton Planning Board
February 11, 1988
Page Two
the bottom of the hill, and planting deciduous trees to insure
sunlight on the hill in the afternoon. Mr. Herlihy seconded, and
the Motion passed unanimously.
OWN=ecc�l�rn�
Marion Mendelson, Vice Chairman
If
The Planning Board of the City of Northampton met on Thursday,
February 11, 1988 in Council Chambers, Wallace J. Puchalski
Municipal Building, Northampton, MA. Present were VCh. M.
Mendelson, J. Beauregard, A. Crystal, S. Jasinski, J. Herlihy
(arr. 7:25) , E. J. Gare ( left 7: 25, ill) . VCh. Mendelson called
the Meeting to order at 7: 20 p. m.
PUBLIC HEARING: At 7: 20 p. m. , the Public Hearing was called on
the Application of Hathaway Construction Corp. for a Special
Permit under the Provisions of Section 6. 12 , Page 6-10 of the
Northampton Zoning Ordinance for the purpose of constructing one
common driveway to serve six lots at a Subdivision called
"Heritage Hill, " located at Birch Hill Road and Pioneer Knolls,
Northampton, MA. VCh. Mendelson read the Legal Notice as
published twice in the Daily Hampshire Gazette, and read the
Application verbatim. Peter Wells from the Berkshire Design
Group appeared for Mr. Hathaway. He explained that the reason
for wanting one driveway was to minimize the wetland impact by
having only one 16 ' wide road over the brook. The paved road
then proceeds up an 11% grade to the top of the hill, where it
changes to a 12 ' wide traprock driveway. He stated that the Fire
Chief has approved the driveway. He showed a drawing which
mapped the path of the sun, and showed that the hill would be in
the sun from 1 p. m. on, to prevent icing. He added that there
would be six parking places at the foot of the hill for cars
unable to make it up the hill during winter storms . Mr. Crystal
asked if the DPW had approved the grades, and Mr. Andrikidis
replied that the driveway meets DPW standards, but he is
concerned about runoffs. Mr. Smith, Mr. Andrikidis and Mr.
Brooks all had questions about water runoff, icing (presumably to
be treated with salt, which raised the aquifer concern) and
accessability by emergency vehicles. Mr. Andrikidis suggested
rip-rap on both sides of the driveway, almost to the blacktop, to
stabilize the driveway and prevent ice buildup, stating the DPW
would insist on it. Larry Jones of the Northampton Fire
Department appeared, and said that Fire vehicles with chains
would have no trouble negotiating the hill. He did ask for
prominent identification of the six houses for emergency vehicle
use, and asked for a hydrant at the start of "Heritage Lane," the
name on the Map for this driveway. Mr. Jan Kuniholm of Pharmer
Engineering said both issues are covered in the plans. Mr.
Crystal asked about the siting of the homes, and Mr. Wells stated
they will be sited within 50 ' of their location as shown on the
map, and Mr. Andrikidis added that the easements will force the
location of the six individual driveways, and thereby the houses.
Mr. Smith asked about a Wetlands Permit, and was told that an
Order of Conditions is expected to be received at the next
meeting of the Conservation Commission. Mr. Smith urged that the
name, "Heritage Lane, " be expunged from all maps so as not to
mislead the Public into thinking it was an accepted City street.
VCh. Mendelson closed the Public Hearing. Dr. Beauregard moved
we grant the Special Permit, subject to the conditions ( supra)
relative to rip-rap, removing "Heritage Lane" from maps, placing
conspicuous house identification, insuring the parkinspaces at
{
n
Northampton Planning Board
Decision Hathaway Special Permit
February 11, 1988
E. the area along the roadway shall be graded and vegetated
( i.e. deciduous trees) to ensure that the paved way will be
exposed to the winter sun from 1:00 p.m. to sunset to
prevent icing,
F. easements shall be placed on the deeds to the lots granting
access to and over the subject parcels,
G. all utilities to service the lots shall be placed within the
common driveway easement and appropriate utility easements
shall be placed on the deeds to the subject properties,
H. restrictions shall be placed on the deeds to the subject
lots:
- prohibiting any additional vehicular access to said lots
from other than the common driveway approved by this Special
permit;
- stating that said common driveway is a private driveway
and is not a City way. The maintenance, operation and
repair, reconstruction ( including snow plowing and snow/ice
removal) is the responsibility and liability of the property
owners.
I. all such deed easements and restrictions must be submitted
to and approved by the Northampton Planning Board prior to
their recording and prior to the issuance of any Building
Permits.
NORTHAMPTON PLANNING BOARD
FEB
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k
x
G
SPECIAL PERMIT DECISION OF THE NORTHAMPTON PLANNING BOARD
At their meeting held on February 11, 1988, the Planning Board of
the City of Northampton voted unanimously to APPROVE the Special
Permit request of HATHAWAY CONSTRUCTION CORPORATION, North Road,
Westhampton, R.F.D. , Northampton, MA for the purpose of permit-
ting vehicular access/egress to six lots from other than their
front lot lines (Sect. 6. 12) by constructing one common driveway
to serve the six lots off of Birch Hill Road and Pioneer Knolls
as shown on a plan entitled HERITAGE HILL, Grading Plan, Sheet 2
Of 7, dated 1-14-88.
Present and voting were Vice Chairman Mendelson, Dr. Beauregard,
A. Crystal, S. Jasinski and E.J. Gare.
The findings were as follows:
1 . The requested use does require a Special Permit under the
provisions of the Northampton Zoning Ordinance,
2 . The requested use bears a positive relationship to the
public convenience and welfare, in that the aquifer and
wetland impact is greatly diminished by having only one
common driveway crossing the stream on the property rather
than having six individual stream crossings,
3 . The requested use will not create undue traffic congestion,
and fill in fact lesson congestion,
4. The requested use will not overload any municipal systems,
and in fact decreases the demands on the city to maintain
additional public ways,
5. The requested use will be in harmony with the general
purpose and intent of the Zoning Ordinance.
The following conditions shall apply:
A. rip-rap shall be placed on both sides of the driveway,
almost to the black-topped surface, sufficient to stabilize
the driveway and to prevent ice build-up,
B. the naming of the common driveway as "Heritage Lane" shall
be deleted from all plans,
C. house numbers, identifying all of the homes utilizing the
common driveway, shall be placed at its intersection with
Pioneer Knolls/Birch Hill Road sufficient for identification
by emergency vehicles,
D. a graveled parking area shall be constructed at the
intersection of the common driveway and Pieer.�.ZGtlls/Birch
Hill Road sufficient for the parking of vEicles `should the
common driveway become impassable,
FFP
29-41T qW cHbel S. & Maureen B. Burke 113 Sandy Hitt Road
Florence, MA 01060
29-412 Eduard H. & Susan J. Moszynski 121 Sandy Hilt Road
Florence, MA 01060
29-413 Virginia L. Leduc 129 Sandy Hill Road P.O. Box 146
Florence, MA 01060 Florence, MA 01060
29-472 Bradtey T. McGrath $ Mark S. Goggins 38 Sandy Hilt Road
Florence, MA 01060
` s
Lot # owner of Record Address Mailing Address (if different)
29-13 Mary E. Spencer Clark Street 5 Bretton Court
Florence, MA 01060
29-17 Stacia E. Liebl 36 Hickory Drive
Florence, MA 01060
29-18 Elizabeth M. Grace 40 Hickory Drive
Florence, MA 01060
29-19 Donald C. & Catherine C. Dedmun 30 Birch Hill Road
Florence, MA 01060
29-26 Gladys D. Magranis 39 Birch Hill Road
Florence, MA 01060
29-34 Edward M. & Grace S. Ryan 40 Pioneer Knolls
Florence, MA 01060
29-35 Helen B. Young 48 Pioneer Knolls
Florence, MA 01060
29-36 Emily S. Stramese 60 Pioneer Knolls
Florence, MA 01060
29-38 Dianne T. Maurer 68 Pioneer Knolls
Florence, MA 01060
29-39 John R. and Beverly C. Tobin 73 Pioneer Knolls
Florence, MA 01060
29-40 Michael J. and Alice L. Mahar 67 Pioneer Knolls
Florence, MA 01060
29-154 City of Northampton City Property
212 Main Street
Northampton, MA 01060
29-163 Henry M. & Betty L. DeTurck 48 Hickory Drive
Florence, MA 01060
29-406 Raymond H. & Nancy L. Millette 45 Sandy Hill Road
Florence, MA 01060
29-407 Jeannette E. Bellesfield 81 sandy Hill Road
Florence, MA 01060
29-408 Barbara A. Caccamo 89 Sandy Hill Road
Florence, MA 01060
29-409 Kathleen G. Brick 97 Sandy Hill Road
Florence, MA 01060
29-410 Roland L. Lussier 105 Sandy Hitt Road
Florence, MA 01060
FORM D
NORTHAMPTON, MASS.
Date
CERTIFIED LIST OF ABUTTERS
(Fill in this space with rough sketch of land described in this
petition, and write against boundary lines the name and mailing
address of adjoining owners in their relative positions . Include
owners of land separated from the subdivision only by a street . )
Herita e'14111
Birch Hill Rd
.r►
0
Hickory Dr �c►
o
o►
S
t vr� Pioneer Knoll* Sand Hill Road
4 _
Planning Board
Northampton, Massachusetts
Gentlemen:
This is to certify that at the time of the last assess-
ment for taxation made by the City of Northampton, the names and
addresses of the parties assessed as adjoining owners to the
parcel of land shown above were as above written, except as
fo110ws :
t
t
Date of Verification
Assessor �• 1-L4
Signature
37
M[TCALIP 6 [AAY
Assessor's Map
11. List of Abutters: Address Sheet No. Parcel
1 *-
2 (See list of abutters)
3.
4.
5 -
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
1 (Attach additional sheets, if necessary)
Do`Not W'fite In These Spaces Application Number: � 7
Rec'd. B.1. Checked Filed Fee Pd. Rec'd. ZBA Map(s) Parcels)
By Date By Date Datp I Amt. Date By Date
1 , ——I F
V-
APPLICATION IS HEREBY MADE TO THE CITY OF NORTHAMPTON LS:
�,�
1. Name of Applicant Hathaway Construction Corporation t3e
Address _ North Road, Westhampton, R.F.D. , Northampton, MA 01060
2. Owner of Property same ac ahnvp
Address
3. Applicant is: [?I:Owner; - ElContract Purchaser; ❑Lessee; ❑Tenant in Possession.
4. Application is made for:
-]VARIANCE from the provisions of Section page of the Zoning Ordinance of the
City of Northampton.
SPECIAL PERMIT under the provisions of Section 6:12 page 6-10 of the Zoning Ordinance
of the City of Northampton.
❑OTHER:
5. Location of Property R;rr-h Hill anncl & pinneer- aalI-2 being situated on
the southerly side of Pioneer Knolls Street; and shown on the Assessors' Maps,
Sheet No. 29 Parcels) 12
6. Zone URA
7. Description of proposed work and/or use; To constni onp rommon rlr;tra-,gay f-n gpinrc�
six residential building lots. Driveway to be paved with a width of 16ft.
Driveway to cross existing stream with a 48" reinforced on r to size_ rrages
shall not exceed 12%. Upon reachinm. the t= of the hi11 the cjr,imuay will hranrh
off and serve two groups of three individual houses,
8. (a) Sketch plan attached; nYes ❑No
(b) Site plan: NAttched ❑Not Required
9. Set forth reasons upon which application is based: The pro=,-sed common dr;emn�4 W;-1 1
s
significantly decrease the amount of impact on the existing r m, wetlands
and wildlife. The amount of storrmTater runoff and impact to the aquifer will
be minimized.
10. Abutters (see instructions; list on reverse side of form).
12. 1 hereby certify that information contained herein is true to the ,est of my knowledge.
0 ate �� Applicant's Signatur
v ,
5. Location of property should be indicated by street address; where the property is situated i.e. south
side of South Street; and with reference to the sheet numbers and parcel numbers as d"esignated on
the assessors' tax maps.
6. Indicate the zone in which the property is located.
7. State as concisely as possible the work you propose to undertake and/or your proposed use of the
property should your application be approved.
8. SITE PLAN/PLOT PLAN: The applican! is required as part of this application to submit a site/plot
plan drawn AS NEAR TO SCALE as possible showing the lot boundaries, dimensions of existing
and/or proposed buildings and the distances from said buildings to said lot boundaries and all in-
formation relevant to the consideration of the application. A copy of the site/plot plan should ac-
company each copy of the application required to be filed. When the applicant is required under
Section 10.11 of the Zoning Ordinance to file a site plan, a plot plan is not required.
9. Applicant should state sufficient reasons upon which the Board of Appeals can base a finding that
the applicant has met the requirements as set forth in either the General Laws of Massachusetts or
the Zoning Ordinance of the City of Northampton, Massachusetts. Applicant should review these
requirements prior to completing this item. (Attach additional sheets, if necessary)
10. Notice of the public hearing is required to be mailed, postage prepaid, to
all "parties in interest" as defined in Massachusetts General Laws, Chapter
40A, Se Aion 11. "Parties in interest", as used in this chapter, shall mean
the petitioner, abutters, owners of land directly opposite on any public or
private .street or way, and abutters to the abutters within three hundred feet
of the property line of the petitioner as they appear on the most recent app-
licable tax list, notwithstanding that the land of any such owner is located
in another city or town, the planning board of the city or town, and the
planning board of every abutting city or town."
11. Read and sign the application. If the applicant is a corporation, partnership, trust or other business
entity, a duly authorized officer should sign. An attorney or other duly authorized representative of
the applicant may sign on behalf of the applicant.
ADDITIONAL COPIES: In addition to the original application form eleven copies of the complete
application are required. It is the responsibility of the applicant to provide these copies.
FILING FEE: A filing fee of$75.00 for a variance, $50.00 for a special permit, plus $2.00 per abut-
ter listed, is required to be paid upon the filing of the application with the Building Inspector.
The applicant should be aware that if the application is approved, the Board of Appeals may, in its
discretion, and in addition to any applicable conditions specified in the zoning ordinances, impose
such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or
serve the purposes of the zoning ordinances. Such conditions will be imposed in writing and the
applicant may be further required to post bond or other security for compliance with said conditions
in an amount satisfactory to the Board.
FOR ADDITIONAL INFORMATION, CONTACT:
City of Northampton Building Inspector City of Northampton
Room 100.Municipal Office Building or Zoning ard of A
. 9 Appeals Office
212 Main Street
Northampton, Massachusetts 01060 Room 102, Municipal Office Building
212 Main Street
Northampton, Massachusetts 01060
�r w
4 w �0 4`� v
APPLICATION TO THE CITY OF NORTHAMPTON
ZONING BOARD OF APPEALS
FOR VARIANCE OR SPECIAL PERMIT
This application folder includes an application form, addressed to the City of Northampton Zoning
Board of Appeals, requesting the granting of a VARIANCE or a SPECIAL PERMIT and information
intended to assist the applicant in properly completing the application.
The application must be completed using a typewriter or hand printed block-type letters. All numbered
items on the application must be completed. When completed and signed by the applicant, the application
should be submitted to the Building Inspector for filing. Even though received, the application will not be
considered "filed" with the Building Inspector until it has been-reviewed to insure proper completion.
A review of the application will be made within two business days from the date received by the Building
Inspector. The applicant will be notified of any additional information required.
Applicants seeking a VARIANCE should note that the Zoning Board of Appeals has the power to
authorize a variance from the terms of the applicable zoning ordinance where the Board determines that
the applicant has met all requirements set forth in Massachusetts General Laws, Chapter 40 A, Section 15.
Reference should be made to applicable Massachusetts Law and to Chapter 44 of the Revised Ordinances
of the City of Northampton, Massachusetts, 1959, as amended.
Applicants seeking a SPECIAL PERMIT should refer to the Table of Use Regulations contained in
Chapter 44 of the Revised Ordinances of the City of Northampton, Massachusetts, 1959, as amended,
which indicates uses which require special permits in particular zones. The general and specific condi-
tions which must be met to obtain a special permit are set forth in Section 10.9 (3) of the above referred to
Zoning Ordinances.
The Zoning Board of Appeals is required to hold a public hearing to consider the merits of each
application. A notice of the public hearing will be published in the appropriate newspaper and written
notice thereof given to those legally entitled thereto. A copy of the rules adopted by the Zoning Board of
Appeals for the conduct of its public hearing is filed in the Office of the City Clerk. The applicant should
familiarize himself with these rules prior to attending the public hearing.
THE BURDEN IS UPON THE APPLICANT TO PROVE THROUGH THE WRITTEN APPLICATION
AND ORAL PRESENTATION AT THE PUBLIC HEARING THAT ALL OF THE LEGAL REQUIREMENTS HAVE
BEEN SATISFIED.
FAILURE TO SUSTAIN THSIS ORDINANCES ABOVE REFERRED
THE APPLICANT FROM
BEEN
REAPPLYING FOR TWO YEARS.
APPLICATION INSTRUCTIONS
1. State name and address of applicant.
2. State name and address of the owner of property.
3. Indicate applicant's standing to apply.
4. Indicate whether this is an application for a variance or for a special permit. If you are making
application for ba r more rthan one special permit on the will be required).
form. If other, so indicate and
more than one variance
explain.
` ►, - CITY OF NORTHAMPTON
i Tax Map No. 29 Lot 12
ZONING PERMIT APPLICATION + e
Zon,W&Winance Section 10.2 Re"c"eived: File No. /7 Plan File
Owner Hathaway construction corporation Applicant same as owner
Address North Road, Westhampton, R.F.D. Address
Telephone 527-2324 Northampton Telephone
This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations:
(Z.O. ARTICLE VI)
Zoning Use Lot Front Depth Setbacks Max. Bid. Min. Op.
District Area Width Front Side Rear Cover Space
Past `JPA Existing URA 20,000 100 120 30 15 30 25 % 60 %
Present URA Proposed URA 80,000 100 120 30 15 30 25 % 60 %
Mark the appropriate box to indicate the use of the parcel:
• Non-Conforming Lot and/or Structure. Specify
• Residential USingle Family Unit ❑Multi-Family
❑ Duplex :E7 Other
• Business The owner wishes to construct
• Individual one common driveway to serve six
Institutional residential building lots.
* Subdivision ❑ Regular ❑ P.U.D.
❑ Cluster ❑ Other
❑ Subdivision with "Approval-Not-Required"-Stamp: The driveway will be paved having
❑ Planning Board Approval: a width of 16 ft.
❑ Zoning Board Approval (Special Permit 10.9: Variance)
❑ City Council (Special Exception S. 10.10)
Watershed Protection District Overlay: (Z.O. Sect. XIV) ® Yes ❑ No
Parking Space Requirements: (Z.O. Sect.8.1) not applicable Required Proposed
Loading Space Requirements: (Z.O.Sect.8.2) not applicable Required Proposed
Signs: (Z.O. Art. VII) not applicable ❑ Yes ❑ No
Environmental Performance Standards: (Z.O. Art. XII) not applicable ❑ Yes ❑ No
Plot Plan X Yes ❑ No Site Plan lR Yes ❑ No
(S. 10.2) (S. 10.2 and 10.11
Waiver Granted: Date ❑
This section for OFFICIAL use only:
❑ Approval as presented:
E3 Modifications necessary for approval:
• Return: (More information needed)
• Denial: Reasons:
0 d
Signature of Applicant Date Signature of Actilhin, Officer Date
P INT P