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25-015 (10) Planning Board - Decision City of Northampton File No.:PL-2001-0072 Date:April 12,2001 Pursuant to Massachusetts General Laws (MGL),Chapter 40A,Section 11,no Special Permit,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: Northampton Airport,Inc. DECISION DATE: April 12,2001 DECISION FILED WITH THE CITY CLERK: April 30, 2001 _ r (r Planning Board - Decision City of Northampton File No.: PL-2001-0072 Date: April 30, 2001 Yacuzzo read the legal notice. Dick Gusto of the Northampton Airport Inc.presented the application. He explained to the members of the Board that he would like to renew his Special Permit which was granted June 10, 1999 with the same conditions. There are no changes necessary,said Giusto. Yacuzzo read the comments from the Northampton Police Department. Weil said that there should not be any selling of tickets for any event on the airport property. Giusto agreed. Yacuzzo asked if there were any comments from the public. No one spoke. Crystal moved to close the public hearing. Diemand seconded. Crystal moved to approve the Renewal of a Special Permit with Site Plan Approval under Sections 5.2, 10.10, 10.11& 10.13 of the Zoning Ordinance to allow outdoor commercial recreation at the Northampton Airport. Diemand seconded. The motion passed unanimously 7:0. 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 April 30, 2001. f7�i GeoTMS®1998 Des Lauriers&Associates, Inc. Planning Board - Decision City of Northampton File No.: PL-2001-0072 Date: April 30, 2001 Alcohol: The applicant shall comply with all recommendations of the Northampton Police Department and the License Commission with regard to alcohol. Notification: The applicant shall provide notice of upcoming events to residents of Riverbank Road, Cross Path Road,Fair Street and Old Ferry Road by mailing notice/a printed schedule of events by May 1st of each year,said notice to include the date of the events,day of the week,time (e.g., 11 AM-7PM), expected attendance,and contact numbers for complaints or concerns. The applicant shall provide notice to the Northampton Police Department,Northampton Fire Department and Emergency Medical Services forty-five days in advance for Major Events and fifteen days in advance for Small Events. Notice to the Police Department shall include a request for the development,review and approval of a traffic management plan,and prior approval of the Fire Department will be required for events with anticipated attendance over four thousand. License Responsibility: it shall be the applicant's responsibility to ensure that all other necessary permits for the Entertainment Events are in place,including but not limited to the securing of appropriate permits from the Building and Health Departments by/for all participants and vendors. Traffic(and Parking)Management/Event Security: The applicant shall comply with all requirements of the Northampton police with regard to traffic. The applicant shall submit a security and traffic control plan which has been approved by the Northampton Police Department to the Zoning Enforcement Officer-the Building Commissioner-in advance of each event. All public roads are to remain unobstructed at all times to residents and farmers. There shall be no parking for airport entertainment events allowed on public roads or unaffiliated private property. Aggressive towing shall be implemented, if necessary,at the expense of the applicant Noise: Noise levels from entertainment events shall comply with the environmental standards in the Northampton Zoning Ordinance,to be measured at the property line and lowered if too loud. This shall be self-monitored by the applicant with enforcement by the Zoning Enforcement Officer. Trash: All trash must be picked up within twenty-four hours. Coordination of Events to Avoid Conflicts: The applicant shall make all efforts to avoid conflicts[with events taking place at the fairgrounds or activities at Sheldon Field]in the scheduling of events. The Northampton Police Department shall make the final decision when there is a conflict in the scheduling of events. COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: 3/2212001 41512001 412612001 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 312912001 512612001 411212001 411212001 5/20/2001 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: 312912001 411212001 411212001 413012001 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 41512001 8:35 PM 812412001 812412001 MEMBERS PRESENT: VOTE: Keith Wilson votes to Grant George Kohout votes to Grant M.Sanford Weil,Jr. votes to Grant Paul Diemand votes to Grant Daniel Yacuzzo votes to Grant Kenneth Jodrie votes to Grant Andrew Crystal votes to Grant MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: Andrew Crystal Paul Diemand 7 Approved MINUTES OF MEETING: On April 12, 2001 at 10:20 P.M., Yacuzzo opened the Request by the Northampton Airport,Inc.for a Renewal of a Special Permit with Site Plan Approval under Sections 5.2, 10.10, 10.11&10.13 of the Zoning Ordinance to allow outdoor commercial recreation at the Northampton Airport,also known as Assessor's Map 25,Parcels 1, 15-19,53&71. GeoTMS®1998 Des Lauriers&Associates, Inc. Planning Board - Decision City of Northampton File No.: PL-2001-0072 Date: April 30, 2001 landscape or existing buildings. D. The requested use will not overload,and will mitigate adverse impacts on, the City's resources,including 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 the Zoning Ordinance under Section 10.11. F. The requested use bears a positive relationship to the public convenience or welfare by providing an additional venue for outdoor commercial recreation such as craft fairs, musical entertainment,etc. The use will not unduly impair the integrity of character of the district or adjoining zones,and the use will not be detrimental to the health,morals,or general welfare. The use is 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 affect 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 Special Permit, the Planning Board found that the site plan complied with the following technical performance standards: 1. No new curb cuts are requested. Z Pedestrian,bicycle and vehicular traffic movement have been separated on site to the extent possible. The following conditions were imposed on this permit: Northampton Airport,Inc., Special Permit for Outdoor Entertainment Events Special Permit Conditions The Special Permit application and the applicant's narrative are hereby incorporated by reference. As conditions of granting a Special Permit for Outdoor Entertainment Use the Planning Board hereby establishes the following requirements: Enforceability:All conditions specified herein must be complied with at all times. If the conditions of this permit are violated, the Special Permit shall become null and void. Enforcement,if necessary,shall be through complaint riled with the Zoning Enforcement Officer, the Building Commissioner. Review period or renewal date: This Special Permit shall lapse if,after two years from the date of issuance, the applicant has not submitted a renewal application and received the Planning Board approval for another two-year term. The renewal procedure shall follow the Special Permit application process. Specific concerns to be reviewed include all issues related to the instant conditions. Number of Events:As the applicant has represented in the application, there shall be no more than eight events per calendar year, of which no more than two("Major Events')shall have attendance of seven thousand five hundred(7,500)maximum. All remaining "Small Events"shall have attendance of three thousand(3,000)maximum. No combination of events shall ever exceed attendance of seven thousand five hundred,and no combination of"Small Events"shall exceed attendance of three thousand. Attendance/Crowd Control: There shall be advance ticket sales only for Major Events. The audience shall be restricted to the fenced/secured area for Major events. There shall be one time entry,no re-entry allowed,for large events(Attendees shall not be allowed to re-enter the event grounds after leaving.). Ticket prices shall include any parking fees. For Major Events, event publicity shall include notice that ticket sales will not be available the day of the event. The applicant shall take measures to keep the audience out of the fields for all events. GeoTMS®1998 Des Lauriers&Associates,Inc. Planning Board - Decision City of Northampp n File No.: PL-2001-0072 MAY _ 1 2001 Date: Apri1�0, 2001 APPLICATION TYPE: SUBMISSION DATE: DEPT OF BUILDING INSPECTIONS Special Permit/Site Plan-Planning B 3/22/2001 NORTHAMPTON,MA 01060 Applicant's Name: Owner's Name: Surveyor's Name: NAME: NAME: COMPANY NAME: Northampton Airport NORTHAMPTON AIRPORT,INC. ADDRESS: ADDRESS: ADDRESS: Old Ferry Road P O BOX 221 TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: NORTHAMPTON MA 01060 NORTHAMPTON MA 01061 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: (413)584-7980 0 EMAIL ADDRESS: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: STREET NO.: SITE ZONING: 152 CROSS PATH RD SC TOWN: SECTION OF BYLAW: NORTHAMPTON MA 01060 54 MAP: BLOCK: I LOT: MAP DATE: ACTION TAKEN: 25 1 015 001 Approved NATURE OF PROPOSED WORK: Renewal of special permit to allow outdoor commercial recreation at the airport HARDSHIP: CONDITION OF APPROVAL: See below. FINDINGS: In Granting the Special Permit, the Planning Board found: A. The requested use for outdoor commercial recreation protects adjoining premises against seriously detrimental uses because the number and size of events allowed under this permit will be limited to no more than eight events per calendar year, of which no more than two shall have attendance of up to seven thousand five hundred(7,500)people. The remaining events shall have less than three thousand(3,000) people. The applicant has made provisions for crowd control,traffic management, notification of abutters and compliance with the noise regulations in the Zoning Ordinance as outlined in the Special Permit application and in information .presented during the public hearing. B. The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets and minimize traffic impacts on the streets and roads in the area because the applicant will be required to submit a traffic management plan which has been approved by the Northampton Police Department to the Building Inspector in advance of each event. Also,conditions attached to this permit prohibit the obstruction of public roads or parking on public roads or unaffiliated private property. 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 none of the proposed events will permanently alter the natural GeoTMS®1998 Des Lauriers&Associates,Inc. ow