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08-065 336 coles meadow rd planning< - y « y - w - - - 77- x � . , � _; _ � . � .,- � = � r � � ~ � • � - � � ® \� ~,` W ( % . ` Al � ƒ}Z4#: : < d} l r � �** \ � - « \ ` . Digitized ChBCke a . rin or yp Address ::Phone 2. Owner r ja 2 Print or type name Signature Address _ . ' " ` , _ - Phone 3. Surveyor 1 s-,zs \� _ "�� �'^ - •. , Print or type name : Signature - i , _ •� :� Address Phone 4. Deed or property recorded in ua�r�� :Ce, SA g rye - - Y ` •Book O• - •- ' Page ' . J' p� • ' .. r » ..: s - 'i - -- -�� S. r ' Location and Description of Property: 6. Assessor's Hap ID: Lot(s): ' • APPUCATION FOR ENDORSEMENT - - - _ �' OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File five • completed forms' and plans and one mylar with the city Clerk and the' planning Board in accordance Frith .the re 'of section 3.02. To the Planning Board: r _ . , • ,_ _ _ �. _ _ :'. The undersigned, believing that the accompanying play of his/her property in the City of Northampton does not constitute division within the meaning of'_the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not - required. / l• -- Applicant Sc ©�5.�c - ��W P ' t t e name Signature FORM A 1PC�c.k?d •NORTHAMPTON, MA Date Submitted for Planning Board Approval: City Clerk: (Signature) (8/13/91) Date Plann#IBI,o Decision F Ze �y Clerk SUBDIVIS REGULATIONS - - - - -- -PAGE 60 I City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 586 -3726 • Community and Economic Development • Conservation . Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission DECISION OF NORTHAMPTON PLANNING BOARD APPLICANT: Scott C. Harlow ADDRESS: 350 Coles Meadow Road Northampton, MA 01060 OWNER: Scott C. Harlow ADDRESS: 350 Coles Meadow Road Northampton, MA 01060 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 336 Coles Meadow Road MAP AND PARCEL NUMBERS: MAP 8 PARCEL 65 At a meeting conducted on January 11, 1996, the Northampton Planning Board unanimously voted 5:0 to grant the request of Scott Harlow for a SPECIAL PERMIT with Site Plan Approval under the provisions of Section 6.13 in the Northampton Zoning Ordinance, to create a flag-lot at 336 Coles Meadow Road in accordance with the following plans: 1. "Plan of Land in Northampton, Massachusetts Prepared for Scott Harlow," by Harold L. Eaton and Associates, Inc. dated February 22, 1989; and 2. "Plan of Land in Northampton, Massachusetts Prepared for Scott Harlow," by Harold L. Eaton and Associates, Inc. dated November 16, 1995. Planning Board Members present and voting were: Chair Andrew Crystal, Vice Chair Daniel J. Yacuzzo, Anne Romano, Jody Blatt, and Kenneth Jodrie. In Granting the Special Permit, the Planning Board found: A. The requested use for a flag lot protects adjoining premises against seriously detrimental uses because it is a residential use of a property in a Rural Residential zoning district. B. The requested use will promote the convenience and safety of ORIGINAL PRINTED ON RECYCLED PAPER )OM•► vehicular and pedestrian movement within the site and on adjacent streets and minimize traffic impacts on the streets and roads in the area because it will generate a minimal amount of additional traffic. 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. 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. The requested use calls for the addition of two residential dwellings which will be served by City water and a private septic system. E. The requested use meets all special regulations set forth in the Zoning Ordinance under Section 6.13. (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 or character of the district or adjoining zones because the proposed use is residential, and the property is located in a district zoned Rural Residential. The use will not be detrimental to the health, morals, or general welfare and shall be in harmony with the general purpose and intent of the Ordinance. 4' 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. .001 In granting the Site Plan Approval, the Planning Board found: A. The requested use protects adjoining premises against seriously detrimental uses because it proposes a residential use of property located in a Rural Residential zoning district. B. The requested use has provided for the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets because the number of dwellings proposed is only two, and the dwellings will generate a minimal amount of traffic. C. The requested use has provided for a harmonious relationship of structures and open spaces to the natural landscape because it meets the lot size requirements for the Rural Residential District. The requested use promotes a harmonious relationship with existing buildings because it is a residential use in a Rural Residential District. D. The project has mitigated adverse impacts to the City's water supply and distribution, the City's sewage collection and treatment systems, the City's fire protection system, and the City's streets. E. The requested use meets all special regulations set forth in the Zoning ordinance under Section 6.13. F. The project has provided for compliance with the Technical Performance Standards as listed below: 1. The curb cuts have been minimized because only one curb cut and driveway is requested. 2. Pedestrian, bicycle and vehicular traffic movement has been separated on the site by construction of a driveway. In reviewing the site Plan, the Planning Board voted 5:0 to Grant the waivers as requested in the application and listed below. B. Site plan(s) at a scale of 1" = 40' showing: B -2. ...those within 300 feet of the property line,... B -3. Existing and proposed buildings, setbacks from property lines, building elevations, and all exterior entrances and exits (elevation plans of all exterior facades structures are encouraged). B -5 Existing and proposed topography at two foot contour intervals, showing wetlands, streams, surface water bodies, drainage swales, floodplains, and unique natural land features (for intermediate projects the permit granting authority may accept generalized topography instead of requiring contour lines). B -7 Location and description of all stormwater drainage facilities, (including applicable calculations and drainage public & private utilities, sewage disposal facilities, and water supply. B -8 Existing & proposed landscaping, trees and plantings (size & type of plantings), stone walls, buffers and fencing. B -9 Location, dimensions, height, color, illumination of existing and proposed signs. B -11 An erosion control plan (for major projects only) and other measures taken to protect natural resources & water supplies. , "WV In granting the Special Permit with Site Plan Approval, the Planning Board imposed conditions upon the project as follows: 1. The driveway cannot be wider than 15 at the property line. 2. The driveway must be at least 12' wide and be surfaced with colprovia, gravel or crushed stone, and have a grade not more than 7 %. 3. This approval is based upon a "Plan of Land in Northampton, Massachusetts, Prepared for Scott Harlow," by Harold L. Eaton & Associates, Inc. Hadley, MA, dated February 22, 1989. 4. In addition, all work shall comply with the plans entitled, " Plan of Land in Northampton, Massachusetts Prepared for Scott Harlow," by Harold L. Eaton and Associates, Inc. dated November 16, 1995. S. When a Building Permit is applied for, the applicant must submit a plan to the Building Commissioner demonstrating that the proposed dwelling will meet the requirement of having setbacks equal to twice the setbacks normally required within the district; 6. Any Flag Lot Special Permit granted hereunder shall be deemed validly exercised for the purpose of preventing a lapse of said Special Permit if a plan showing the flag lots receives approval by the Planning Board in accordance with M.G.L. Chapter 41, Section SIP, (Form A, Subdivision Approval Not Required) and is recorded in the Hampshire County Registry of Deeds prior to the date on which said flag lot Special Permit would lapse. Proof of recording of the plan must be submitted to the Office of Planning and Development and shall become part of the file on that Special Permit to verify that said permit has been validly exercised. 7. Prior to issuance of a Certificate of Occupancy, the dwelling unit shown on the property, must be removed. 8. All such deed easements, restrictions and plans must be recorded at the Hampshire County Registry of Deeds, and must be shown on plans and submitted to and approved by the Northampton Planning Board with the submittal of the "Subdivision Approval Not Required" Plan (Form A Plan) prior to its endorsement and the recording of the documents and plans at the Registry of Deeds. Proof of the recording shall be submitted to the Building Inspector, prior to the issuance of a Building Permit. u 9. This permit supersedes the flag lot special permit previously issued on this site. *4mw - ATTACHMENT A r „ 0 . Section 6.13 Flag Lots. In reviewing the application for a Special Permit to create a flag lot, the Planning Board found the following: 1. The lot met the requirements of the Table of Dimensional and Density Regulations, Section 6.2. 2. The access roadway does not have a radius of less than eighty (80) feet. 3. The lot is laid out such that a circle with a diameter one and one -half (1 1/2) times the required frontage can be placed around the principal structure without any portion of said circle falling outside of the property's line. 4. Only one flag lot is being created, and only one curb -cut and driveway access is proposed. (There is no common driveway.) 5. The driveway conforms to all applicable provisions of the Zoning Ordinance. The Planning Board stipulated that the driveway cannot be wider than 15' at the property line, and the driveway must be at least 12' wide and be surfaced with colprovia, gravel or crushed stone, and have a grade not more than 7 %. 6. The Plans submitted to the Planning Board include the statement "Lot 2 is a Flag Lot: Building is Permitted Only in Accordance with the Special Flag Lot Provisions of the Northampton Zoning Ordinance." 7. The Special Permit application includes a plan showing the location and layout of the proposed driveway and house. Permission to install a driveway has been granted by the Department of Public Works. Iftow ..pe 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 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: Scott Harlow - 336 Coles Meadow Road DECISION DATE: January 11, 1996 DECISION FILED WITH THE CITY CLERK: February 16, 1996 to ,� J `.. 1- . City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 586 -3726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission Harlow — Request for Special Permit with Site Plan Approval for a Flag Lot Meeting Minutes January 11, 1996 The Northampton Planning Board held a meeting at 7:00 P.M. on Thursday, January 11, 1996 in Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton. Present were members: Chair Andrew Crystal, Vice Chair Daniel J. Yacuzzo, Anne Romano, Jody Blatt, Kenneth Jodrie; Staff: Wayne Feiden, Principal Planner, and Laura Krutzler, Board Secretary. At 9:30 p.m., Chair Crystal opened the public hearing on a request from Scott Harlow for a special Permit with site Plan Approval for a flag lot under Section 6.13 Page 6 -18, of the Zoning Ordinance, for property located at 336 Coles Meadow Road, and known as Northampton's Assessor Map #8, Parcel #65. Crystal read the legal notice advertising the public hearing and explained the procedure which would be used in conducting the hearing. Scott Harlow presented his application to the Board. He pointed out a small mistake in the plan submitted with the special permit application. The property consists of four and a quarter acres, and is ten feet short of [meeting the frontage requirements for] two lots. In 1989, the Planning Board granted him a Special Permit for the creation of a flag lot, Harlow said. When he went to build, he was told that the permit had expired. He has been allowed [by the Building Inspector] to install the foundation and cap [for his proposed house]. Harlow said his application is the same as before. Lot 1 [as shown on the plan submitted with the Special Permit application] is a legal lot. The only change is that surveyors moved a pin two feet to give the lot over 80,000 square feet [as required by zoning]. Crystal noted that there was no one present to speak in opposition to the application. ORIGINAL PRINTED ON RECYCLED PAPER fir, '"Wo, Crystal noted that Senior Planner Paulette Kuzdeba had written a memo to the Board recommending seven conditions to be imposed upon the Special Permit if it were approved. He asked that these be incorporated into the record by reference. Members expressed confusion over whether including both condition three and condition four was necessary. Crystal noted that condition three is a new condition. The applicant volunteered that Senior Planner Paulette Kuzdeba told him condition three was included to prevent the lapse of his special permit. Feiden explained that by state law the permit expires in two years if it is not exercised. Condition three states that recording the permit at the Registry of Deeds is adequate to prevent expiration. He asked members if they agreed that recording the permit was "exercising" it. Members said they would like legal advice before including condition three in the future but would include it on this special permit to insure that it did not lapse a second time. Yacuzzo said that condition three seemed sufficient without including condition four. Feiden told the Board that condition four created "an additional hurdle" for the applicant. Members agreed they would like to omit condition four. Romano said the applicant should be on notice that by operation of law, the special permit would lapse after two years. Crystal noted that if someone were to contest the building permit, he wasn't sure if the applicant would be protected by the condition, since "it isn't the law, it's just our condition." Board members agreed to include the three conditions attached to the original flag lot permit and the six remaining conditions recommended by Kuzdeba. Blatt moved to close the public hearing. Jodrie seconded the motion. The motion passed unanimously 5:0. Jodrie moved to approve the Special Permit with Site Plan Approval, granting the waivers requested, with the following conditions (those recommended by Kuzdeba with the exception of #4, including the three from the previous permit): 1. The driveway cannot be wider than 15' at the property line. 2. The driveway must be at least 12' wide and be surfaced with colprovia, gravel or crushed stone, and have a grade not more than 7 %. 3. This approval is based upon a "Plan of Land in Northampton, Massachusetts, prepared for Scott Harlow by Harold L. Eaton & Associates, Inc. Hadley, MA, dated February .-0„ , 22, 1989. 4. In addition, all work shall comply with the plans entitled: (a) " Plan of Land in Northampton, Massachusetts Prepared for Scott Harlow." by Harold L. Eaton and Associates, Inc. dated November 16, 1995. S. When a Building Permit is applied for, the applicant must submit a plan to the Building Commissioner demonstrating that the proposed dwelling will meet the requirement of having setbacks equal to twice the setbacks normally required within the district. 6. Any Flag Lot special Permit granted hereunder shall be deemed validly exercised for the purpose of preventing a lapse of said Special Permit if a plan showing the flag lots receives approval by the Planning Board in accordance with M.G.L. Chapter 41, Section 81P, (Form A, Subdivision Approval Not Required) and is recorded in the Hampshire County Registry of Deeds prior to the date on which said flag lot Special Permit would lapse. Proof of recording of the plan must be submitted to the Office of Planning and Development and shall become part of the file on that Special Permit to verify that said permit has been validly exercised. 7. Prior to issuance of a Certificate of Occupancy, the dwelling unit shown on the property, must be removed. S. All such deed easements, restrictions and plans must be recorded at the Hampshire County Registry of Deeds, and must be shown on plans and submitted to and approved by the Northampton Planning Board with the submittal of the "Subdivision Approval Not Required" Plan (Form A Plan) prior to its endorsement and the recording of the documents and plans at the Registry of Deeds. Proof of the recording shall be submitted to the Building Inspector, prior to the issuance of a Building Permit. 9. This permit supersedes the flag lot special permit previously issued on this site. Yacuzzo seconded the motion. The motion passed unanimously 5:0. k % k N"a/ "Mo, DECISION OF NORTHAMPTON PLANNING BOARD At a meeting held on March 9, 1989, the Planning Board of the City of Northampton voted unanimously to GRANT the request of Scott C. Harlow for a Special Permit under the Provisions of Section 6.13 of the Northampton Zoning Ordinance for the purpose of creating a Flag Lot at 350 Coles Meadow Road, Northampton. Present were Chair N. Duseau, J. Cahillane, J. Arnould, E. J. Gare III, J. Hale, J. Holeva, M. Mendelson, A. Crystal and J. Beauregard. The Findings were as follows: The use requested is allowed by Special Permit under Section 6.13. The use requested bears a positive relationship to the public convenience or welfare. The use requested will not create - undue traffic congestion or unduly impair pedestrian'safety.. The use requested will not overload any municipal systems. f The"' use requested will not impair the character of the district, and is in harmony with the general purpose and intent of the Ordinance. The following conditions shall apply: 1. The driveway cannot be wider than 15' at the property line. The driveway must be at -least 12' wide, and be l6 6 i ; 3 1 �3 1 I, 0 NORTHAMPTON PLANNING BOARD DECISION SCOTT C. HARLOW PAGE TWO surfaced with colprovia, gravel or crushed stone, and have a grade not more than 7 %. 3. This approval is based upon a "Plan of Land in Northampton, Massachusetts Prepared for Scott Harlow by Harold L. Eaton and Associates, Inc., Hadley, MA, dated February 22, 1989." Z-6� Nancy P. wseau, Chair Vofin L.,Z&hillDad E. ohn Gare, III Holeva J Andrew..Crysta Dr. Josef Arnould 'Judith Hale - llq-1 Marion Mendelson D J s p Bea eg rd 0 I \I. Northampton Planning Board March 9, 1989 Meeting Page One The Planning Board of the City of Northampton met on Thursday, February 23, 1989 in Council Chambers, Wallace J. Puchalski Municipal Building, Northampton, MA. Present were Chair N. Duseau, J. Cahillane, J. Arnould, E. J. Gare, III, J. Hale, J. Holeva, M. Mendelson, A. Crystal, J. Beauregard (7:10 p. m.) and L. B. Smith, Senior Planner. At 9:25 p. m., the Board turned to the continuance of the Public Hearing on Scott Harlow's Application to create a Flag Lot. Ch. Duseau read the memorandum from the Fire Chief and one from Mr. Hadsel. Mrs. Hale moved the Public Hearing be closed. Mr. Cahillane seconded, and the motion passed unanimously. Mrs. Hale moved the Flag Lot be allowed. Mr. Cahillane seconded, and the motion passed unanimously. I 5 `*A.i wr/ FORM A NORTHA; : ?TON, MASZ . February 23, 1989 Date ArPLICATION FOR ENDORSEM OF FLA:i BELIEVED NOT TO REQUIRE APPROVAL File one complete.-, form with the Planning Board and one cop;; with the City Clerk in accordance with with requirements of.Section 3.02. To the Planning Board: The undersigned, believing that the accompanying plan of his property in the City of Hortharipton does riot constitute division within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorse:;ter,t that Planning Board approval under the Subdivision Control Law Is not required. 1. Applicant Sc- O- AA L. N �� Print or type name Signature MA 2 Owner ddress e r cc �z If 1 2 rF Print or type name Signature nuaress � . 3. Surveyor Haro L._Eaton & Assoc `s, I nc. - � , rAInt or type name Signature 23 _Russell Street, P. U. Bo x 198, Hadley, Ila. 01035 Address 4. Deed or property recorded in —Hampshire County Registry, Book 130 Page 333 5. Location and Description of Property: Located on the Westerly side of Coles Meadow Road and being a portion of parcel 36 as shown on Assessors Map S — Date of Subnis on A 9 City Clerk a Signa ure 33