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37-065 (13) Planning Board - Decision Planning City of Northampton Hearing No.: PLN-2004-0014 _ Z Date: October 31, 2003 APPLICATION TYPE: SUBMISSION DATE: PB Special Permit with Major Site PI 7/29/2003 Applicant's Name: Owner's Name: _Surveyor's Name: NAME: NAME: COMPANY NAME- TOFINO ASSOCIATES TOFINO ASSOCIATES INC HUNTLEY ASSOCIATES PC IADDRESS: ADDRESS ADDRESS 31 CAMPUS PLAZA RD 31 CAMPUS PLAZA DR 30 INDUSTRIAL DR EAST TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: HADLEY MA 01035 HADLEY MA 01035 NORTHAMPTON MA 01060 PHONE NO.: FAX NO.: PHONE NO: FAX NO, PHONE NO.: FAX NO: (413)256-0321 (413)584-7444 EMAIL ADDRESS: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: STREET NO: SITE ZONING: FLORENCE RD SR TOWN: SECTION OF BYLAW: NORTHAMPTON MA 01060 Seafront ov5Open Space Residential Development MAP: BLOCK LOT: MAP DATE: ACTION TAKEN: 37 065 001 Approved With Conditions Beck: Page'. 1557 075 NATURE OF PROPOSED WORK. Open space cluster subdivision of 28 townhouse units and 5 single family units affecting map 37 parcels 65, 66,67, 19. HARDSHIP: CONDITION OF APPROVAL 1. Prior to endorsement of the definitive plans,a performance guarantee that conforms to Northampton Subdivision Rules and Regulations§6:06(4)must be posted. The developer may place a covenant not to sell lots oq in lieu of placing a covenant,post a Letter of Credit in accordance with the standards in the Regulations. If a Letter of Credit is posted it must be in accordance with the Regulations,two lots must still be covered by a covenant not to sell,must be adequate to cover the costs of the city completing the project,at prevailing wages and with a 15%inflation factor,and the Letter may not be reduced below$100,000 until the project is complete and has been accepted as such by the Planning Board. 2.Permanent Covenants must state that snow removal and maintenance of roads and sidewalks throughout the subdivision,will be the responsibility of the Homeowners'Association or adjoining Lot Owners,but in no case shall it be the responsibility the City of Northampton. 3.An$8,000 escrow account shall be established,in the Homeowner Association's name(appearing first)with a signature line for the City,prior to the first lot sale as an assurance that the Homeowners' Association will perform their required capital improvements and maintenance. The City may draw on this account if it determines that required capital improvements,maintenance,or inspections are not being performed. The Homeowners'Association(HOA)is responsible to reimburse the City,within three months for deposit into the escrow account,for any funds the City spends from the account. The Permanent Covenants must clearly state that the City will have a right to place a lien on any or all properties within the subdivision or shall provide same other equivalent,in the opinion of the Planning Board,level of protection for the city,in order to recover the cost of maintenance for stonnwater facilities. 4. Prior to the construction of the road, the applicant must record all covenants. 5.The permanent covenants must include the stormwater management plan,as submitted in the application and approved by the Office of Planning and Development. 6. All drainage swales,stormceptors, check dams,outlet structures,and rip rap basins shall be kept clear of sediments and inspected in the spring and in the fall. 7. Maintenance reports with documentation on the condition of all inspections and receipts of all GeoTMS®2003 Des Lauriers Municipal Solutions,Inc. Planning Board - Decision City of Northampton Hearing No.: PLN-20040014 Date: October 31, 2003 cleaning and work for all items specified in this permit condition shall be submitted to the Office of Planning 8 Development annually,no later than November 1st of each year. Each report shall indicate the status of each element of the entire system under the HOA's maintenance purview. 8.Drainage easements granted to the HOA must be shown on a revised plan with easement access to the drainage spreaders must be addressed in homeowner association documents. 9. The drainage report showing that detention ponds are not needed should be signed by a Massachusetts Registered Professional Engineer and submitted to the Office of Planning 8 Development 10.If standing water collects at the intersection of Florence Road and the new subdivision road,two catch basins or other appropriate drainage structures must be installed to drain any pooling water in accordance with "best management practices". 11. Prior to installation,subdrains for roadway construction must be reviewed and inspected by Department of Public Works. 12.As presented by the applicant the proposed subdivision street will be privately owned and maintained. Covenant documents must include a statement that this road is a private way and shall not be petitioned to become a city right of way. This shall be written as an irrevocable covenant. 13. Covenants must include an irrevocable provision that states that the subdivision street may never be gated from public access. 14.As offered by the applicant and in partial consideration of traffic impacts,prior to the issuance of the first building permit an easement shall be recorded that grants to the City an 8'wide public bikepath that extends from Florence Road to the eastern boundary of the property. The easement shall allow the public to pass and repass on non-motorized vehicles. 15.As offered by the applicant and in partial consideration of traffic impacts and waivers for the creation of a dead end street,the applicant shall build a 400'bituminous bikepath 8'wide from the edge of the property boundary that abuts the Pathways Property east across this property. If an easement is not granted to the City of Northampton across the abutting properly owned by Pathways Cohousing, the applicant shall provide a fee-in-lieu of traffic mitigation to the City of Northampton in the amount of$64,000(the amount equal to the proportional cost of improvements to the surrounding intersections where incremental impacts are recorded,including sidewalk improvements along the Florence Road frontage.)prior to the issuance of the building permit for the 15th unit 16.As offered by the applicant and prior to issuance of the first building permit, the design presented to the Board on 10/23/03 of the bikepath from the eastern property boundary,across the Pathways property, to the wetland crossing that abuts the Ice Pond Property shall be submitted to the Office of Planning 8 Development This design shall be stamped by a Professional Engineer and submitted on a mylar. 17.A street sign,in accordance with city standards,must be shown on the plan and placed on site prior to the issuance of the first building permit 18.Prior to issuance of the first building permit,a conservation restriction must be placed on the open space portion of the property in accordance with§10.5 of the Northampton Zoning Ordinance. 19.Except for maintenance vehicles and motorized wheelchairs,no motorized vehicles,including personal assistive mobility devices,shall be allowed on the off-road bicycle bail. 20.Prior to issuance of a building permit for any lots,signs must be posted by the developer indicating the bicycle path access point at Florence Road, using a conservation area sign in ••accordance with the standards for City of Northampton conservation areas. 21.Prior to connection of the water and sewer lines to the Pathways Cohousing project,as-built plans for the cross country lines on the Pathways property that show conformance with the city standards, must be reviewed and approved by DPW. Certification by DPW that the connection is allowed must be submitted to the Office of Planning&Development 22.All streets,utility,and other improvements must be made in accordance with Rules and Regulations Governing Subdivisions in Northampton("Regulations")except as here in provided. 23. The water and sewer line shall be privately owned and maintained and shall be so stated in covenants. Covenants shall be recorded prior to the final endorsement of the subdivision. GeoTMS®2003 Des Lauriers Municipal Solutions,Inc. Planning Board - Decision City of Northampton Hearing No.: PLN-2004-0014 Date. October 31, 2003 • Y•k. p}. e Ae first building permit,the applicant must provide a copy of a recorded ,at 10tr Connect waterlines to the adjoining property to the Office of Planning& } 4i 711iCu/d generally be located from the eastern properly boundary with 25. The applicant must connect a T-valve on the waterline to allow future connections from offsite. The valve shall be placed within the easement granted to the City for future connections described in condition 24 above. 26.Water connections from any housing unit to the main shall be installed at a 90-degree angle wherever possible. 27.A backflow device shall be placed in the community building. 2t� gqgplg�AtMated and submitted to the DPW for the actual unit locations. Test tl}'can be achieved and 20 psi can be maintained. 29.Ag private udgty easements,including those serving the single-family house lots shall be recorded pitOkeerlatilailealfitait building permit These documents shall indicate that maintenance is the resPonsibely tat or owner's association. 30.Prior to the issuance of a building permit for lots 1-5,easements for the use and maintenance of to T3 the private common driveway shall be recorded.Proof of recording shall be submitted to the Office of Planning&Development -S 31.Final plans must show location of utilities providing for cable N,electric,gas,phone,fiber optic, etc.as required in the subdivision rules and regulations. 32.In accordance with 6:03(9,10), GPS control points must be identified. Vertical and horizontal, control points must be certified by a surveyor to be accurate within one centimeter,prior to final endorsement Monuments must be placed at these points. 33.All underground utilities must have warning tape installed a minimum of 3'above the pipes. 34.Prior to the issuance of the first Certificate of Occupancy,one street light shall be located at the intersectionof Florence Road and the proposed new road"Black Birch Trail". The Northampton Planning Board unanimously GRANTED the request of Tonne Associates,Inc.for a Special Permit with Site Plan(major project)under the provisions of Sections 5.2, 6.2, 10.1 8 10.5 of the Northampton Zoning Ordinance for cluster development on a new subdivision road including common driveway to be constructed and located as shown on the following plans and information submitted with the application and as amended by any conditions attached to this permit. Unless otherwise noted,all plan sheets identified below are prepared for Totino Associates,Mc,prepared by The Berkshire Design Group,Inc. 1."Pocky Hill Cohousing Definitive Subdivision Lot Layout,Northampton,Massachusetts"Sheet 1 off, dated August 6 2003 by Huntley Associates,P.C. 2. "Rocky Hill Cohousing Definitive Subdivision Location Plan,Northampton,Massachusetts"Sheet 1 of 1,dated August 6,2003 by Huntley Associates,P.C. 3. "Rocky Hill Cohousing Overall Plan,Northampton,Massachusetts"Sheet Lf,dated October 9,2003. 4. "Rocky Hill Cohousing Plan 6 Profile,Northampton,Massachusetts"Sheet L2,dated October 9,2003. 5."Rocky Hill Cohousing Layout Plan"Sheet L3,dated October 9,2003. -' 6. "Rocky Hill Cohousing Grading&Utilities Plan"Sheet L4,dated October 9,2003. 7, "Rocky Hill Cohousing Site Details"Sheet 15.1-L5.4 dated October 9,2003. 8. "Application for Approval of Definitive Subdivision Plan Rocky Hill Cohousing"dated June 26,2003. 9. "Application for Approval of Definitive Subdivision Plan Rocky Hill Cohousing ADDENDA"dated August 7, 2003. 10. Stonnwater Drainage Report dated October 22,2003 and October 9,2003. 11.Letter"Responses to Department of Public Works"dated October 9, 2003. GeoTMS®2003 Des Lauriers Municipal Solutions,Inc. Planning Board - Decision City of Northampton Hearing No.: PLN-2004-0014 Date: October 31, 2003 In Granting the Special Permit with Site Plan(major project), the Planning Board found: A. The requested use, for cluster development including a common driveway protects adjoining premises against seriously detrimental uses because the proposed residential use is consistent with adjacent uses and will contain a buffer between the lots and the adjoining premises. The applicant has made provisions for surface water drainage and has addressed traffic,bicycle and pedestrian access issues as depicted on plans and information submitted with the application. B. The requested use will promote the convenience and safely of vehicular and pedestrian movement within the site and on adjacent streets,minimize traffic impacts on the streets and roads in the area because an 8'wide bicycle/pedestrian path with public access easements will be constructed adjacent to the new road and will continue through the subdivision. 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 through the design and location of the subdivision outside of the 100'wetland buffer. The units will be surrounded by permanently protected open space. 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 because the project has been designed In conformance to the Northampton Subdivision regulations and special permit criteria for storm water management E. The requested use meets any special regulations set forth in Sections 5.2, 6.2, 10.1 610.5 including mitigation for traffic impacts to surrounding intersections,preservation of open space with public benefits. F. The requested use bears a positive relationship to the public convenience or welfare because the proposed development has incorporated plans for a public pedestrian/bike trail and accessible curb ramps are proposed. The use will not unduly impair the infegr/ty or 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 because the Open Space Residential Development use is compatible with surrounding uses. G. The requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives,as defined in City's Vision 2020 plan adopted under M.G.L. Chapter 41, Section 81-C and 0 because the project will provide additional residential units in a cluster while preserving valuable open space. The project will also connect neighborhoods through the provision of bicycle/pedestrian links from Florence Road. In addition,in reviewing the Site Plan submitted, the Planning Board found that the application complied with the following technical standards: 1. Curb cuts onto streets have been minimized to 2 curb cuts for 5 new single family homes onto the new subdivision road. 2. Pedestrian,bicycle and vehicular traffic separated on-site to the extent possible. In conformance with the incremental traffic mitigation,the applicant has offered to extend and construct 400'of public bike path offsite and has submitted a design for the remaining connection to the Ice Pond property. COULD NOT DEROGATE eECAI LSE- FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT OY: APPEAL DATE. 9/4/2003 9/18/2003 11/6/2003 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE. FINAL SIGNING BY: APPEAL DEADLINE: 9/11/2003 10/2/2003 10/23/2003 10/23/2003 1120/2003 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE. 9/11/2003 9/25/2003 10/23/2003 10/31/2003 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 9/18/2003 7:00 PM 1231/2003 12/31/2003 MEMBERS PRESENT. VOTE: - Paul Voss votes to Grant Francis Johnson votes to Grant George Kohout votes to Grant Keith Wilson votes to Grant Kenneth Jodrie votes to Grant MOTION MADE 3Y: SECONDED BY: VOTE COUNT. DECISION'. Keith Wilson Francis Johnson 5 Approved with Conditions MINUTES OF MEETING'. Available in the Office of Planning 8 Development GeoTMS®2003 Des Lauriers Municipal Solutions,Inc. J Planning Board - Decision City of Northampton Hearing No.: PLN-2004-0014 Date: October 31, 2003 I, Carolyn Misch,as agent to the Planning Board, certify that this is a true and accurate decision made by the Planning Board and certify that a copy of this and all plans have been filed with the Board and the City Clerk on October31, 2003 I certify that a copy of this decision has been mailed to the Owner and Applicant <..b a /72/,dpi GeoIMS®2003 Des Lauriers Municipal Solutions,Inc.