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04-006 (2) COMPLIANCE WITH SPECIAL PERMIT CRITERIA. The requirement (a) is not satisfied and a Variance from it has been requested. Requirement (b) is clearly satisfied, as the driveway has been in existence for seven years. For the same reason, the existing common driveway should be considered to be of suitable construction. It is asphalt, wide enough for two cars to comfortably pass and is acceptable to the Fire Department. The driveway was lawfully constructed under the regulations in existence at the time of its construction . The general conditions for issuance of a special permit , at Section 10.10, are also satisfied wlth respect to all three Special Permit applications. The use as single-family residence on a flag lot. with access over a side lot line and on a common driveway is appropriate for the Rural Residential district . The addition of one more house. on a -57-acme parcel with private water and Sewer, would hard:_. overload any municipal systems Or Create traffic congestion. The use would maintain in every respect the character and integrit ' of the area and be in harmony with the intent of the Ordinance. Date rile -- G File N o- j SPECIAL PERMIT APPLICATION 1 1 - ISsU- nC Auth oritV: ZBr. X Planning Board C qty Council I Alan Verson, attorney for ' 2 . Name cf Applicant: Frederick T OG rowGki ad Alice 7 - _ n-,trn -gki Address: 56 _ Main Street,`Northampton _Telephone: 9,96-11 48_ 3 . Owner of Procerty: Frederick J. Ostrowski and Alice L Ostrowski Address : 588 Kennedy Road, Leeds Telephone: 584-0464 Sta-*-,s of Aotilicant: Owner Contract Purc aser Lessee X Other (explain: attorney for owners ) - 9 _ arce1 Parcel Iden ti f ica Lion: Zcr.�ng Mao Sheet Zoning District(s) Rural Residential j Street address 588 Kennedy Road, Leeds 5 . Sne �a1 Per _L is beinc recTuesteo under ZCn_^G Ordinance fSection 6.12 page 6-13 (COMMON DRIVEWAY) - . Nar_a t i v Descri -o ti o 7, c: P�-oresed work ;ec' (Use I add?L'_ona' shpets if necessary) i See Description of Proposed Work attached to i f Variance Application Sta-- --ow Yrcrk/Proncsal C -1 es wli.h STJeclal Pe_-'!_ C- J-erj (See y-ppl z cant l s Guide and use additional sheets i- necessary) l _ See attached Compliance with Special Permit Criteria 1 i ' 9 Attached Plans: Sketch Plan x Site Plan j None Required 1C Abutters (See instructicns. Use attached abutter ' s list) 1 _ C err i'ication: I herebv certify that I have read the GUIDE TO APPLYING FOR A ZONING VARIANCE, SPECIAL, PERMIT OR FINDING and that the information ccntained herein is true and accurate to the best of my knowledge. Frede icic J. Ostrowski and I Alic L------------ Ost :sk i Oa -e: 12 90 Applicant ' s Signature:��._ / Alan Verson, their attorney ;j rrE'_QC. _`ti- J. "Z--- 6 In _ S QC_`55 � ti1 --- �-�' it l . 1 :. __7_, r3 . Owrer of Pic�e=tv: Frederick J_ Ostrowski a_e A.7_ice L Ostrowski Address: 588 Kennedy Road, Leeds ^ele�ho e: 584-0464 L e S S e e x 'v z e_ ea.) '- '� _01 OW L.1S n �:.1 c _o 1Q `c hec = 9 Oist� (s'` Rural Residential Street _ddr ess 588 Kennedy Road, Lees S . SDc ' - - -t _s Del= aiies�c! _ `er i.o ^Q Q �'_?7�T1Ce 6. 12 P a c e 6-13 _ (SIDELI:RTE ACCESS) use i °= ---- ---- See Descri_ptiQz nf Proi2Osec � ' att �rl �= `� larianra a�nlirat; r,__.._ 1 i 8 . State How work/Pronosal. Co:nolies =Nit-) S-necial Permit Criteria : (See Anplicant ' s Guide and use additional sheets if necessary) _ The general conditions for issuance of a special permit, at Section 10.10, are also satisfied with respect to all three Special Permit applications._ The use as single-family residence on a flag lot, with access over a side lot line 'and on a common driveway is appropriate for the Rural Residential district. The addition of one more house, on a 57-acre parcel with private water and sewer, would hardly overload any municipal systems or create traffic congestion. The use would maintain in every respect the character and integrity of the area ar be in harmony with the intent of the Ordinance. 9 . Attached Plans : Sketch Plan Site Plan None Required 10 . Abutters (See instructions . Use attached abutter' s list) 11 . Certification : I hereby certify that ! have read the GUIDE TO APPLYING FOR A ZONING T RIANCE, SPECIAL PERMIT OR FINDING and that the information contained herein F s ti k J. aces i e to the best of my knowledge. �:1i Os r wski Date: 12/1"(/90 Applicant' s Signature: �, Alan Verson., tj►#ir .,attorney ./90 Alice L. Ostrowski V v GF=ICIrAL ABUT'TEER LIST_ Sheet 9, Parcel 1 MAP: 9 PARCEL: 8 MAP: 10 PARCELS: 10 and 11 Fred B. Grinnell, Jr. and Alice R. Clemente Susan A. Grinnell Kennedy Road 8 North King Street Le(--,ds, 14LA 01053 Northampton, 1,1A 01060 ,,1AP: 9 PARCEL: 9 'MAP: 10 PARCEL: 21 Alan Verson and Paula Verson MAP: 5 PARCELS: 54 and 38 508 Kennedv Roar; Martha S. Gervais Leeds, MA 01053 567 Kennedy Road Leeds, MA 01053 MAP: 9 PARCELS: 7 and 10 MAP: 5 PARCEL: 39 Garson R. Fields, Jr. Richard P. Stonberg and Box 277 Judith D. Leeds Leeds, MA 01053 551 Kennedy Road Leeds, MA 01053 MAP: 9 PARCELS: 3 and 2 MAP: 14 PARCEL: 1 Berkshire Electric Cable Co. John Sarafin River Road 1051 Chesterfield Road Leeds, MA 01053 Northampton, M.A 01060 MAP: 4 PARCEL 9 Ronald A. and Mary H. Grimm 702 Kennedy Road Leeds, MA 01053 MAP: 4 PARCEL: 7 Nels L. Christenson South Street Williamsburg, MA 01096 MAP: 4 PARCEL: 17 Richard G. and JoAnn Hinckley P.O. Box 317 Leeds, MA 01053 MAP: 4 PARCEL: 6 David G. and Linda C. Robinson 588 Kennedy Road Leeds, MA 01053 1 DEC 28 �nJv) it t y �' 'm.ori ESSOR' S CERTIFICATIO DATE: Now construction to serve the existing three houses, and is acceptable to the Fire Department . Requirements (k) and ( 1 ) are satisfied. No provisions for drainage or storm water runoff are necessary because of the size and locations of the lots. The general conditions for issuance of special permits, at Section 10. 10 of the Ordinance, are satisfied. See the discussion of those conditions attached to other applications. 8. SPECIAL PERMIT CRITERIA Requirements a. ) , b. ) , and c. ) are not satisfied by the locus, but those requirements are deemed satisfied by the granting of a permit for access over a sideline under Section 6. 12, and such a permit has been applied for simultaneously with this application. Requirements (d) , (e) , (f) , (g) , and (h) are all satisfied, as is clearly shown on the Site Plan submitted with this application,. Requirement ( i ) is satisfied because the driveway has been in existence for approximately seven years, and the easements are set forth in a the Declaration of Restrictions and Easements pertaining to the subject land, dated May 8, 1981 , and recorded in the Registry of Deeds at Book 29-22, Page 152. The relevant portions of tha document are as follows• Maintenance. The cost of maintenance and re_cair of he ��ivewa including removal of snow and ice. from KeTinecy Road to a point on the driveway parallel with the Most westerly portion of the most westerly residence COnS'ruCteu On LO 1. 2 and 3 Shai1 be borne equally bV the owners of Lots 2, 3 and 5, provided however. that 7 2st-owskiI shall be solely responsible for removal of snow and ice from the driveway for so long as [Ostrowski ] owns of or any portion thereof . C. Easements Over Driveway. Easements are granted for the benefit cf all Lot Owners, as are necessary to enable sup^ ens, and their invitees and guests' tc pass and �-ecass on foot or by vehicle for the purpose of gaining access to their lots, or on foot for the purpose of gaining access to the Woodland. The [Ostrowskii shall also have the right: to grant easements to utility companies as necessary CCnstruction; and servicing of utility lines. .e�ui_ement C_i ) is satisfied because t^e driven%7. as stated above. has bee:: existence for seven _years, has been of adequate design and Date Filec e No. SPECIAL PERMIT APPLICATION Aut~ority ZBA 1 Plrninc 3ca:- City Council Alan Verson, attorney for 2 . Name of Applicant: Frederick J Ostrnws],i and Al;re L ostrowski Address: 56 Main Street, Northampton Telephone: 586-1348 3 . Owner of Property: Frederick J. Ostrowski and Alice L. Ostrowski Address: 588 Kennedy. Road, Leeds Telephone: 584-0464 4 . Stags of applicant: Owner Contract Pu,chaser Lessee X Other (explain: attorney for owners ) 5 . Parc=1 Identification Zoning Map Sheet, 9 Parcel 1 Zon_:-ic; District s Rural Residential j! Street Address 588 Kennedy Road Leeds Spec-__1 be ncf reaueS`.e d :;alder Zonin a Ordinance Q�'] Sec-_L-_n6.13 -, -Page 6-13 (=LAG LOT-NEW HOUSE) f 7 . iYa-- - = :e D e s c _v Z'_O?3 O p ^CSc iCr.ti%_ O,e - (use aoC_:_anal slneets if necessary) i See Description of Proposed Work attached _o Variance Application S . Stagy "Ow litor.`�/Propcsa'_ Complies with --"ec:al fOrIli C--iteria (See . :plicant ' s Guide and use additi oral sheets if necessary) . See attached Special Permit Criteria 9 . Attached Plans : Sketch Plan Site Plan None Required l 10 . ??bl -ers (See instruct ions . Use att_?cned abutter ' s list) 11 _ Cert_f cat_on. : I hereby certifv that -_ have read the GUIDE TO APPLYING FOR A ZONING VARI7'2ICE, SPEC?AI: PERMIT OR FINDING and th_- tie in.Eorma tlon contained here-4 - s -rue and accurate to the best of my knowledge. '-?.-ed hick J. Ostrowski and --' i.c stn w i Date: L?, �'� X90 Applicant ' s Signature: Man Verson, their attorney l . ) Special Permit under, Section 6. 13 for a flag lot for the existing house lot . 2. ) Special Permit under Section 6. 13 for a flag lot for the new house lot . 3. ) Special Permit under Section 6. 12 for vehicular access to the new house lot over the side lot line. 4. ) Special Permit under Section 6. 12 for use of a common driveway in connection with the new house lot. 5. ) Variance from the provisions of Section 6. 12(a) to allow a common driveway to service a total of four houses rather than three houses. rw t e DESCRIPTION QF PROPOSED WORK AND/OR USE. Frederica J. Ostrowski and Alice L. Ostrowski presently reside in Leeds in a single-family house situated on a 66-acre parcel that has frontage on Kennedy Road of 215.47 feet. They propose to divide the lot by creating two flag lots under Section 6. 13, and then to erect another house, in which they would live, that would be located approximately 1800 feet off of Kennedy Road, to the rear of the existing house. There is an existing driveway off of Kennedy Road that was constructer approximately eight years ago. This driveway services two other houses in addition to applicant's present house, and it would be extended approximately another 600 feet to reach the proposed new house. This driveway is located such that the flag lots would not have the required access frontage, access width, or access roaaway. For this reason. the Ostrowskis request a special permit under Section 6. 1.2 for vehicular access to the new house lot across e side lot line. Since the access driveway will be Lhe sal:2 -or- 1. dr1` ' as presently e:=:fists for the three existing house. a special permit for a common driveway is requested. As stated above. this driveway has been in existence for about eight years and has created no problems. The Fire Department has had occasion to travel the length of it . and will state in icing that they have no obJectio, to Due to the fact that the common driveway will end up servicing a total of =our houses, a variance is requested fr.or-a the limitation of Subsectlo:i 6.12(a) that the common driveway serve no more than three houses. t ° jZ° :O !o' In s:.:uNary , the :,stro`.askis reques �� .�9: •a �� � �. f�. �pr •.w, +' ,j �;, roxxaw �a x ., i J 90 V6 A DJ FclJA File No.70S�67,b C6� ;76 ` i7 �y� ZONING PERMIT APPLICATION Zoning Ordinance Section 10.2 DEPT OF8AMIDlMGlNSPECTIOqs Alan Verson,attorney for icant: Frederick J. 0strowski and Alice L. 0strowski Address: 56 Main St. , Northampton Telephone: 586-1348 2 . Owner of Property: Frederick J. Ostrouski and Alice L. 0strowski Address: 588 Kennedy Road, Leeds Telephone: 3Q,4-0464 3 . Status of Applicant: Owner Contract Purchasers Lessee Z Other (explain:attornev for owners i 0 y 4 . Parcel Identification: Zoning 'dap Sheet�� Parcel= � �h, Zoning Districts) Rurai Residential I{ Street Address 588 Kennedy Road, Leeds Compliance with Zonine: Fxist.inc Proposed Use of S't�uwMwcs/Property residence 2 residences Size of Structure (sq.ft. ) j Building height o Building Coverage Setbacks - front 1800 feet l - side 230 feet j - rear Lot Size 57 acres f Frontage 107 feet Floor Area Ratio Open Space Parking Spaces Loading Spaces Signs Fill (volume & location) 6. Narrative Description of Proposed Work/Proiect: (Use additional sheets if necessary) attached 7. Attached Plans: Sketch Plan X Site Plan 8 . Certification: I hereby certify that the information contained herein is true and accurate to the best f my } npwledge. Ai' e �Jtl_ t Qws .i and Date: 12/16 / 90 Applicant's Signature:B 1 1 _ _ _ _ _ _ _ _ 'USE _ _ _ _ _ Alan Vers(W,tlheLr_p�tornev THIS SECTION^FOR OFFICIAL USE ONLY Approved as presented X _ Denied as presented Reason' Signature of B eA:,or4 ate j . ^,1 0� ; DEC 2 8 1990 CITY CLERKS OFFICE NORTHAMPTON MASS.01060