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32A-153 (30) c. Trench permits and permission to tie into the DPW sanitary sewer system d. Trench permits and permission to tie into the DPW water system 5. Prior to the issuance of the first certificate of occupancy, the applicant must pay $16,000 into the payment-in-lieu of parking fund. 6. Prior to the issuance of a certificate of occupancy, the applicant must pay for new parking meter heads to be placed at the 5 new public, on-street parking spaces to be located in front of the building. 7. As offered by the applicant, three Littleleaf Lindens shall be planted in the treebelt prior to the issuance of a certificate of occupancy. S. As offered by the applicant, a new brick pavers and concrete sidewalk shall be located in front of the building and new granite curbing shall be placed along the street frontage,built in accordance with Northampton DPW materials and construction methods and subject to DPW final inspection. 9. As recommended by applicant's traffic consultant: a. Automated visual and audio warning beacons shall be incorporated into the garage door opening mechanisms to warn pedestrians of existing cars; and b. Motion detectors shall be installed over the doors to activate warning lights or signs inside the garage of the presence of pedestrians in the sidewalk; and c. Panoramic mirrors shall be installed to provide cars backing out of each garage full visibility of the adjacent sidewalk. "ATTACHMENT A" 1. Pri or to issuance of a building permit, the applicant must obtain a temporary license agreement from the City that allows construction vehicles to occupy and traverse city owned property. License should also permit applicant to place a fence along the railroad line. 2. Prior to issuance of a building permit, the applicant must submit a certified copy of the recorded owners' association covenants including the following irrevocable conditions: a. The association will have the responsibility of the of keeping the bike path from Main Street to Union Station, including stairs leading from Main Street and Strong Avenue, clear of snow and passable during winter months (as offered by the applicant). b. The covenants must clearly state that the land immediately behind the building is public land available to all members of the public, and that.no rights are granted to the building owners or tenants to use the property in anyway not available to the general public and the property owners may not make any improvements or exert any form of ownership. c. All cars must be parked with no portion of the car blocking the sidewalk or garage door path. d. A dumpster shall be shared with the property owner to the north under the terms of a joint agreement with that property owner. Should that agreement ever lapse, the property owners association is required to amend the Planning Board site plan to show an acceptable way of addressing trash and recycling for the entire building. 3. Prior to the issuance of a building permit, the applicant must submit a landscape replacement plan to be approved by the Recreation Department: for the trees removed or damaged as a result of the construction on the Nagle Walkway Recreation Area at the rear of the building. permit,the following necessary permits and ---��: Prior to the issuance of a building p g Y p permissions must be obtained from DPW to address infrastructure issues: a. Curb cut/driveway permits. b. Trench permits and permission to tie into the DPW stormwater sewer system, as long as the existing system can accommodate runoff from the proposed prof ect. Planning Board - Decision City of Northampton File No.: PLN-2002-0110 Date:May 31, 2002 Pursuant to Massachusetts General Laws(MGL),Chapter 40A,Section 11,no Special Permit with Site Plan Approval(major project),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. 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: Michael Sissman—10 Strong Avenue DECISION DATE: May 23,2002 DECISION FILED WITH THE CITY CLERK: May 31, 2002 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, postage—prepaid, to the Applicant and Owner on May 31, 2002. /� f Planning Board - Decision City of Northampton Hearing No.: PLN-2002-0110 Date: May 31, 2002 proposed mixed-use project will provide storefront commercial space at street level with residential units on the upper floors. The location and design of the building protects adjoining properties from surface water drainage and other detrimental uses as depicted on plans and information submitted with the application. B. The requested use will promote the convenience and safety of vehicular and pedestrain movement within the site and on adjacent streets,minimize traffic impacts on the streets and roads in the area because anew sidewalk and curb will be constructed. In addition, visual warning beacons with associated signage,motion detectors, warning lights and signs shall be incorporated into the project to inform drivers of the pedestrians in the sidewalk. 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 proposed structure will be in keeping with the existing neighborhood through the design and location of the building. 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 collecSon and treatment systems,fire protection,streets and schools. Roof drainage and foundation drainage will be collected in a storm line and gravity fed into an existing City drainage system. E. The requested use meets all special regulations set forth in Sections 6, 10&11 of the Zoning Ordinance. F. 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. G. The requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives,as definted 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 standards: 1. Curb cuts are minimized to the extent possible because the garages will be grouped together and there will be reduced parking and vehicular traffic at the site. 2. Pedestrian, vehicular and bicycle traffic are separated on site to the extent possible. COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: 5/2/2002 511612002 61612002 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 51912002 7/6/2002 5/23/2002 512312002 6/20/2002 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: 51912002 512312002 512312002 5/3112002 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 511612002 7:30 PM 101412002 101412002 MEMBERS PRESENT: VOTE: Julie Hooks Davis votes to Grant George Kohout votes to Grant Keith Wilson votes to Grant Paul Voss votes to Grant Paul Diemand votes to Grant Kenneth Jodrie votes to Grant MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: Paul Diemand Keith Wilson 6 Approved with Conditions MINUTES OF MEETING: Minutes are available in the Office of Planning&Development. GeoTMS®2002 Des Lauriers Municipal Solutions,Inc. --- --._ _— -_— � Planning Board - Decision City of Northampton Hearing No.: PLN-2002-0110 1 Date: May 31, 2002 M AY APPLICATION TYPE: SUBMISSION DA E: PB Special Permit with Major Site PI 51212002 Applicant's Name: Owner'- K1;1M Surveyor's Name: NAME: NAME: COMPANY NAME: ADDRESS: ADDRESS: ADDRESS: 10 STRONG AVE TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: TOWN: STATE. ZIP CODE: NORTHAMPTON MA 01060 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: (413)584-2548 0 EMAIL ADDRESS: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: SITE ZONING: CB TOWN: SECTION OF BYLAW: NORTHAMPTON MA 01060 6, 10 & 11 'BI.PCK: LOT: AP DATE: ACTION TAKEN: Approved With Conditions Book: Page: 1957 1265 NATURE OF PROPOSED WORK: Construct one building housing sretail shoos,' V residences and 5garages. ' x^Ronx'p CONDITION npAPPROVAL: See Attachment A r/wo/wmo. The Planning Board GRANTED the Special Permit with Site Plan Approval(major project)based on the following plans: /. "Title Sheet, Strong Ave Block, Strong Ave.,Northampton,MA"Drawing No. T.1,prepared by Ford Gillen Architects,dated May 2, 2002. 2. "Site Plan, Strong Ave Block, Strong Ave.,Northampton,MA"Drawing No.S.1,prepared by Ford Gillen Architects, dated May Z 20mZ z. 'Floor Plans,Strong Ave.Block, Strong A,m'Northampton,MA"Drawing No.A.v'prepared bv Ford Gillen Architects,dated May 2, ouoo. 4. "Elevations&Sections,Strong Ave,Northampton,MA"Drawing No.A.2,prepared by Ford Gillen Architects,dated May 2,2002. a ^nopogmpom^prepared for Michael oesmao,prepared by Harold e*mm&Associates,mc.dated January 25,zoo1. a "Plumbing Site u Utilities Plan, Strong Ave. Block,Northampton,MA"Drawing No.p/.prepared ux Ford Gillen Architects,dated May 2,2002. r ^pmmumg Site& Utilities Plan, Strong Ave.Block,Northampton,MA"Drawing No./�2,prepared uy Ford Gillen Architects,dated May Z 2002. u. "Electrical mteu Utilities, Strong Ave.Block,Northampton,MA"Drawing No.E./.prepared ov Ford Gillen Architects,dated May Z 2002. y. "Electrical Site&Utilities, Strong Ave.Block,Northampton,MA"Drawing No. E.Z prepared by Ford Gillen Architects, dated May 2, uooc m Granting the Special Permit with Site Plan Approval,the Planning Board found: A. The requested use to construct a 5,460 sq.ft.residentiallretail building in the Central Business District protects adjoining premises against seriously detrimental uses because the proposed infill structure will have m l impact on the surrounding bmm d. The GoonwS@uooc Des Luuriom Municipal Solutions,Inc. Pursuant to Massachusetts General Laws (MGL) Chapter 40A, Section 11, no Finding 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. The Northampton Zoning Board of Appeals hereby certifies that a Finding 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 Law Chapter 40A, Section 15, notice is hereby given that this decision is filed with the Northampton City Clerk on the date below. If you wish to appeal this action, your appeal must be filed pursuant to MGL Chapter 40A Section 17, with the Hampshire County Superior Court or Northampton District Court and notice of this appeal filed with the City Clerk within twenty (20) days of the date this decision was filed with the City Clerk. Applicant: Michael Sissman—10 Strong Avenue This Decision is Dated: May 23, 2002 This Decision was Filed with the City Clerk on: May 31, 2002 G� ,f l The Findings of the Board under Section 9.3 for a change to a pre-existing non-conforming use were as follows: 1. The Board finds that such change, to demolish an existing garage and construct a 5,460 square foot residential/retail building, will not be substantially more detrimental to the neighborhood than the existing non-conforming use when said change, extension or alteration is to a conforming use, which requires the same or less minimum lot area, minimum lot width and frontage, minimum lot depth, setbacks and parking than is required for the present use (and lot does not fully conform to the present zoning requirements for the proposed use). The following conditions were imposed with this Finding: 1. Panoramic mirrors shall be installed along the front of the site to provide drivers backing out on to Strong Avenue full visibility of the adjacent sidewalk. 2. Visual warning beacons with associated signage shall be installed on the outside of the garage and shall be incorporated into the door opening mechanism of the garage door to alert pedestrians of any approaching or exiting vehicles. 3. Motion detectors shall be installed over the garage doors and shall activate warning lights or signs inside the garage indicating the presence of pedestrians in the sidewalk. 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,postage-prepaid, to the applicant and owner on May 31, 2002. a r PLANNING AND DEVELOPMENT • OITY OF NORTHAMPTON Cit Hal[ • 21 o Main Street Room i i • Nortbam tpn MA of o60-3198 • ( z )-8 i266 • Fax:-8 126 � , P , 4 3 s 7- � 7- 4 Wayne Feiden, Director . pla nniny @vtortsaPtiptonptanninq.org wivivmortbamptonplanning.orq DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICANT: Michael Sissman APPLICATNT'S ADDRESS: 134 South Street Northampton, MA 01060 j, Mg 3 t {2 OWNER: Les Brigham OWNER'S ADDRESS: 24 Summer Street Northampton, MA 01060 -- RE LAND OR BUILDINGS IN NORTHAMPTOI*A 10 Strong Avenue, ASSESSOR'S MAP and PARCEL NUMBED•. MAP 32A,PARCEL 153 PROPERTY RECORDED IN THE HAMPSHIRE COUNTY REGISTRY OF DEEDS IN BOOK 1957, PAGE 265. At a meeting conducted on May 23, 2002, the Northampton Zoning Board of Appeals voted unanimously 3:0 to GRANT the request of Michael Sissman, for a FINDING under the provisions of Sections 9.3 in the Northampton Zoning Ordinance for the demolition of an existing garage and the construction of a 5,460 square foot residential/retail building at 10 Strong Avenue,Northampton, MA, in accordance with the following plans and information submitted with the application, as amended by any conditions attached to this permit: 1. "Site Plan, Strong Avenue Block, Strong Avenue,Northampton, MA"Drawing No. S.1, prepared by Ford Gillen Architects, dated May 2, 2002. 2. "Elevations & Sections, Strong Avenue, Northampton, MA"Drawing No. A.2, prepared by Ford Gillen Architects, dated May 2, 2002. 3. "Topographic"prepared for Michael Sissman, prepared by Harold L. Eaton and Associates, Inc., dated January 25, 2001. 4. "Traffic Study"prepared by Fuss & O'Neill, Inc. dated April 23, 2002. Zoning Board Members present and voting were: Chair Bob Riddle, David Narkewicz and Sara Northrup. planning board•conservation commission •zoning board o f appeals •housing partnership •redevelopment authority •northampton GIS economic development•communitvydevetopment•historic district com mission •(istoricafcom mission•centra[6sinessarchitecture original printeaon recyciea paper WILHELM,SHIMEL & KING j Attorneys at Law n4W6 � 74 King Street t Northampton, MA 01060 ,�FPT E2F�lfl!_n ;G rnf;aa, ARTHUR J.KING (1944-1983) � � TET�P�IIN JOSEPH A.WILHELM III (413) 586-3480 BRAD A.SHIMEL FAX (413)586-9540 November 6, 2000 Anthony Patillo Building Inspector 210 Main St Northampton, MA 01060 RE : Michael G. Sissman 10 Strong Ave, Northampton Dear Mr Patillo, Here is a Zoning Permit Application It is NOT intended to settle issues of signage or parking or any of the site plan issues . The purpose of this application is to deal with one issue only: The Central Business (CB) rule on rear setback, as found on table 6-1, page 6-7 says : "***There is no rear yard setback requirement in the Central Business District when the rear yard abuts on a road, public way, municipal parking lot or an alley on which the public has the right to use . " Mr Sissman intends to build a two or three story building, fully meeting the zoning ordinance, on the space now occupied by the Brigham barbershop and parking area (s) . He envisions a brick faced building conforming to the historic architectural language of Northampton. To the rear of the lot is the Nagle Walkway, located on the railroad embankment north .of the Union Station. The question is : does the Nagle Walkway constitute a public way or an alley to which the public has a right to use . The lot is narrow, ranging from 33 feet to 28 feet . If the normal 15 foot rear setback is required, no economically feasible project is possible . As you can imagine Mr Sissman believes that the project would be a valuable addition to the city-scape . Your attention to this question is very much appreciated. r sepuly yours, A. Wilhelm III 10. Do any"signs exist on the property? YES NO IF YES, describe size,type and location: �A Are there any proposed changes to or additions of signs intended for the property?YES NO._ IF YES,describe size,type and location: 11. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION. This cola= to be filled i.n by the Building Dtiepartmeut Required i Existing Proposed By Zoning Lot size A) C� . Frontage C � Setbacks side L: 0 R: //0 L: I() R:Zu - - rear Building height Bldg Square footage %Open Space: tv 'S-re --r %S7-,,ee, (Lot area minus bldg ' f &pai,ed parking) - j # of `Parking spac f of Loading Docks Fill: {vol-ume -& location) rI ,7 13 . Certification: I hereby certify that the information contained herein is true and accurate to the best of my knowledge. DATE: �f � Q—�j APPLICANT's SIGNATURE NOTE: lssuitnoe of rezoning permit does not relieve an appiloanro kpdrden to oomply With all zoning requirements and obtain all required permits from the Boarld of Health. Conservation Commission. Department of Publio Works and other applioable permit granting authorities. FILE # �FPT OF SUILC>'i'dG 1NSPFilil3h rt LD File No. ZONING PERMIT PERMIT APPLICATION (§10 . 2) PLEASE TYPE OR PRINT ALL INFORMATION 1. Name of Applicant: 'Ji c:!'I (9 ' Address: /-?V Se,,,-1A 57,E ��- �a.�n�G� _Telephone: �—?Qz - �b 2. Owner of Property: clo r B f/a�z�a .�, fs� . Address: �ler ote-` 7T Telephone: ��y— 3. Status of Applicant: Owner 7C Contract Purchaser Lessee Other(explain): 4. Job Location: �We Parcel Id: Zoning Map# Parcel# In J District(s): (TO BE FILLED IN BY THE B ILDING DEPARTMENT) 5. Existing Use of Structure/Property '�a eA . dew,E«y �f 6. Description of Proposed Usee/Work/Project/Occupation: (Use additional sheets if necessary): ljY 3 y7z--y V /ee i d� ��� �ldd� .�>°s�o��h t c!i K St i✓f 7 7. Attached Plans: Sketch Plan _Site Plan Engineered/Surveyed Plans Answers to the following 2 questions may be obtained by checking with the Building Dept or Planning Department Files. 8. Has a Special PermitA/adance/Finding ever been issued for/on the site? NO DON'T KNOW YES IF YES,date issued: IF YES: Was the permit recorded at the Registry of Deeds? NO DON'T KNOW YES IF YES: enter Book Page and/or Document# 9. Does the site contain a brook, body of water or wetlands? NO L-� DON'T KNOW YES IF YES, has a permit been or need to be obtained from the Conservation Commission? Needs to be obtained Obtained ,date issued: (FORM CONTINUES ON OTHER SIDE) File#MP-2001-0051 APPLICANT/CONTACT PERSON SISSMAN MICHAEL ADDRESS/PHONE 134 SOUTH ST (413)586-3658 O PROPERTY THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM FILL D OUT CB ermit Filled out Fee Paid Typeof Construction: CONSTRUCT 2-3 STORY RETAIL GROUND FLR&RESIDENTIAL IJPSTAIR R New Construction Non Structural interior renovations ✓.-y_ I f /,_41(2 , _ Addition to Existingr/ Accessory Structure Z Ytl Building Plans Included: / "" ( Owner/Statement or License N , 0 3 sets of Plans/Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION Approved as presented/based on information presented. ��-� Denied as presented: Special Permit and/or Site Plan Required under: § � PLANNING BOARD ZONING BOA] Received&Recorded at Registry of Deeds Proof Ens Finding Required under: § w/ZONING BOARD OF APPEALS Received&Recorded at Registry of Deeds Proof Enclosed Variance Required under: § w/''ONING BOARD OF APPEALS Received&Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health __Well Water Potability Board of Health Permit from Conservation Commission Permit from CB Architecture Committee Signature of Building Official Date Note:Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health,Conservation Commission,Department of public works and other applicable permit granting authorities.