23A-114 (10) . : 1 'ST MP-2004-0150
COMMONWEALTH OF MASSACHUSETTS
CITY OF NORTHAMPTON
GIS 4: 9021
Map: 1" "Y -. ..
Block: ZONING PERMIT
:Lot: 001
Permit :ZONING PERMITAPPLI1 APPLICATION PERMIT
Category. 1Zoning Permit
permit# 'iVJP-zoos_oiso PERMISSION IS HEREBY GRANTED TO:
Project# JS-2004-1616
-- -- - -- -
Est. Cost. $0.00 l Contractor: License:
Fee: $15.00 'Homeowner as Contractor
if ofFiztures:j Owner: ZAWADSKI JAMES F
Applicant: NORTHAMPTON CO-OPERATIVE BANK
AT: 8 MAIN ST
ISSUED ON: 24-Aug-2004 AMENDED ON: EXPIRES ON:
TO PERFORM THE FOLLOWING WORK:
ZPA-BANK&OFFICE BLDG(5058)
THIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOLATION OF
ANY OF ITS RULES AND REGULATIONS.
Signature:
Fee Type: Receipt No: Date Paid: Check No: Amount:
Zoning Permit Application RE,C-2004-004117 05.May-04 3919 $15.00
212 Main Street,Phone:(413)587-1240,Far(413)587-1212
GeoTMS®2004 Des Lauriers Municipal Solutions,Inc.
File#MP-2004-0150
APPLICANT/CONTACT PERSON NORTHAMPTON CO-OPERATIVE BANK
ADDRESS/PHONE 67 KING ST 0 584-4474()
PROPERTY LOCATION 8 MAIN ST
MAP 23A PARCEL 114 001 ZONE GB
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
ZONING FO ILLED OUT
(ZONING
Building Permit Filled out
Fee Paid
Typeof Construction: ZPA-BANK&OFFICE BLDG(5058)
New Construction
Non Structural interior renovations
Addition to Existing
Accessory Structure
Building Plans Included:
Owner/Statement or License
3 sets of Plans/Plot Plan
THE F99LLO WING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON
INFQRMATION PRESENTED:
��✓✓///Approved Additional permits required(see below)
PLANNING BOARD PERMIT REQUIRED UNDER: §
Intermediate Project: Site Plan AND/OR Special Permit with Site Plan
Major Project: Site Plan AND/OR Special Permit with Site Plan
ZONING BOARD PERMIT REQUIRED UNDER: §
•
Finding Special Permit Variance*
/ /
/ Received&Recorded at Registry of Deeds Proof Enclosed 1,,,40"Other Permits Required: VVV
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
Permit from Elm Street e,mmission
.......„....„&itc
19 ` Lao
Signature of Building 0 icial Da •
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.
Variances are granted only to those applicants who meet the strict standards of MGL 40A.Contact the Office of
Planning&Development for more information.
Etheredge St Steuer, P.C.
ATTORNEYS AT LAW
64 GOTHIC STREET
NORTHAMPTON. MASSACHOSEI IS 01060
EDWARD a ED EREDGE 1413) 584-1600 FAX (413) 585-8406
SHELLEY SSEUER'
'Aldo AUmincd in Nem York
and Ciltlomu
August 16, 2004
Anthony Patillo, Building Commissioner
City of Northampton
210 Main Street _ 6 i J 2 rD
Northampton, MA 01060 J V W LS �I
Re: Northampton Cooperative Bank p AUG 1 7 2004 IJ
Florence Property
•
DEN Of BUILD,.3 INsPECTONS
Dear Tony: NORMHe4PfCN,MA 01060
I enclose a copy of the Planning Board Decision for the above-referenced property which was
recorded on August 16, 2004 in the Hampshire Registry of Deeds. I enclose a copy of the recording
receipt with the book and page.
If you have any questions, give me a call.
Very truly yours,
'ward D.
EDE/kap
Enc.
cc: Bill Stapleton, President
Official Receipt for Ra:nrding fn:
xuot �i L, '? 33 XingtrgttgmtY Rett of Deeds
s
rr'"yaxa�
M "'B asM w R ' Rorthaepton, Massachusetts 01060
ET7tEREp1E t STEDER
Recording Fees
Daomit .^ Receding
Description Number RRec
ook/Page Noun
OFC15 W024055 no 166
, N IHAIIPTOX COOP BMX 156 $75.00
Collected Aeouns $75.00
Type
gaunt
5312 $75.00
$75.00
•/ a. e, >'."L�
o
Change Due —__-$.00
Thank Yon
MARIAIOIE D7MOHOE - Register of Deeds
By: Marilyn H
Runge08/16/2004Date
0095841
12:32P
Planning Board - Decision • City of Northampton
Hearing No.: P0I-2004-0080 Date: June 10,2004
APPUCAtN TYPE: SUBMISSION DATE:
PB Major Site Plan 5,/12004
Applicants Name: Owners Name: Surveyor's Name:
NAME: NAME: COMPANY NAME
Northampton Cooperative bank Z4WADSK/JAMES F
ADDRESS: ADDRESS: ADDRESS:
67 King Street 8 MAIN ST
TOWN: STATE ZIP CODE TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE
NORTHAMPTON MA 01060 FLORENCE MA 01062
PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: PHONE NO FAX NO.:
EMAIL ADORES& EMAIL ADDRESS: EMAI ADDRESS:
•
Site Information:
STREET NO.: SrE ZONING:
8 MAIN ST GB
TOWN: SECTION OF BYLAW:
FLORENCE MA 01062 Section 11:Site Plan Approval
MAP. BI Erie LOT: MAP DATE ACTON TAJ(EN:
214 114 001 Approved With Conditions
Boat Paye:
1844 108
NATURE OF PROPOSED WORK
Demolish existing gas station and construct two office buildings,including one bank with an acc•wry drive-up window for a total o/
5,058 square feet Project also Includes Map ID 23A-121.
HARDSHIP
CONOMON OF APPROVAL:
1.Prior to requesting a building permit,the applicant mustobtain sign off from the Office of Planning
8 Development indicating the following conditions have been met
a. Landscaping plans shall be resubmitted showing 2 additional street frees along Main Street
b. A sidewalk connection from Pine Street to the parking lot sidewalk shall be made.
c. Submission of a plan showing a painted crosswalk across Pine Street that connects to the site
sidewalk
d. The driveway egresses from Main Street shall be designed to ramp up to the sidewalk along Main
Street Detail sheets should show that the sidewalk remains at a continuous elevation for at least
- 3'of width in the sections that cross the driveways.
e. Submission of a plan showing the detail of a speed hump in the exit drive to Pine Street
f.Submission of a plan showing a 6'high stockade fence along the east boundary line with the Day
Spa to extend as close as possible toward the Main Street properly line without interfering with she
distances.
2. The existing arborvitae hedge shall be pruned or replaced within the site distance triangle at the
Pine Street egress as recommended by traffic engineer.
3.Reports of storm water maintenance shall be submitted to the Office of Planning if Development no
later than May 15 annually indicating inspections and cleanings have been performed in accordance
with the Operations 8 Maintenance plan submitted and shown in Attachment A. Inspections must be
performed by a qualified person In accordance with submitted plans. The name of the qualified
person is to be approved by Department of Public Works prior to issuance of a certificate of
ocduPancy.
4. There shall be nit loss of og parking along the Main Street frontage. Mnecessary,the
applicant shall recto-foeon-street parking spaces andif space allows Increase thetotal numberof
striped spaces. Al necessary striping shall be performed prior to Issuance of a certificate of
occupancy.
5. Prior to Issuance of a Certificate of Occupancy,and if Department of Public Works concurs,the
applicant shall implement the following striping and pedestrian crassing signs as recommended by its
truffle consultant west of Chestnut Street
GeoTMS®2004 Des Landers Municipal Solutions,Inc
•
Planning Board - Decision City of Northampton
Hearing No.: PLN-2004-0080 Date: June 10,2004
a.A white stop bar and cross walk shall be striped on Pine Street as Identified in the traffic
consultant's letter dated May 24,2004.
b.Double yellow centerline markings on Pine Street at the eastbound approach to South Main
Street;On South Main Street between Pine Street and Main Street and On Chestnut
Street at the approach to Pine Street
The Planning Board granted the Site Plan for construction of 5,056 square feet of new office space,with an accessory bank drive-up
based on the following information submitted with the application and as amended through conditions herein:
1. 'Northampton Cooperative Bank Florence Branch Office'Plan Sheets LILT,prepared by The Berkshire Design Group,Inc.,dated May
5,2004.
2. 'Northampton Cooperative Bank Florence Branch Office Site Lighting Plan',Sheet 1 of 1,Prepared by Holophane lighting David
Rancatore,dated May 5,2004.
3. 'Northampton Cooperative Bank Florence Branch Bank Elevations,Sheets A-1 and A-2,Prepared by Kuhn Riddle Architects,dated May
6,2004.
4. 'Traffic!mapct Study'(within Application materials),Prepared by Fuss S O'Neill,Inc.Consulting Engineers dated May 6,2004,with
revised Table 4&5 dated May 24,2004.
5. 'Traffic Comparisons'sheet,Prepared by Fuss&O'Neill,Inc.Consulting Engineers.
6.Letter from Fuss&O'Neill,Inc.Consulting Engineers dated May 24,2004 to Office of Planning&Development Staff regarding accident
data and speed control on Pine Street
The Planning Board granted the Site Plan after making the following findings:
1. The requested use protects adjoining premises against seriously detrimental uses.Office uses are allowed by right within the GB
zoning district The site plan provides a 30'continuous landscaped buffer along all the property boundaries that abut the URB residential
district As offered by the applicant a new 6'high fence wig protect abutters from impacts of automobile headlights. Additionally,the
increased open space on site allows for increased infiltration over the existing use The plaza along the Main Street frontage will provide
visual relief and provide respite area for pedestrians;and
2.The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent
streets,minimize traffic impacts on the streets and roads in the area. Sidewalks will connect across the site and through the site to allow
pedestrians safe access from the neighborhood in the rear and for pedestrians walking along Main Street Sidewalk connections,as well
as on and off-site traffic calming through signage and pedestrian striping will minimize traffic speeds through the site and surrounding
the site driveways. Curb cuts have been reduced to minimize vehicle and pedestrian conflicts.Provisions for persons with disabilities
have been made;and
The project including any concurrent road improvements,will not decrease the level of service(LOS)of all area roads or Intersections
affected by the project below the existing conditions because as offered and conditioned herein,the applicant has addressed the
incremental impacts of this project
3.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.The proposed brick buildings and architectural elements fit with the character of Florence Center
and provide a transition in scale between the residential district and the GB district and
4.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.
5. The requested use meets any special regulations set forth in the Zoning Ordinance. The office uses proposed are allowed by right and
the accessory drive-up window for the bank is allowed(as determined by the Northampton Building Commissioner)in accordance with
section 13: •
'Any use which is accessory to a principal use allowed by right shall be allowed only in connection with such allowed principal use.
Cessation of a principal use shall require cessation of any accessory use which is not otherwise allowed as a principal use. The Building
Commissioner shall be responsible for determining what uses are principal,and what uses are accessory?
6.Compliance with the following technical performance standards:
A. Curb cuts onto streets shall be minimized. Access to businesses shall use common driveways,existing side streets,or loop/service
roads shared by adjacent lots when possible. Tte curb cuts have been reduced substantially over the existing u,sa The two cuts on
Main Street have been reduced from 50'and 30'10 24'and 15'respectively. This site fronts Main Street and abuts a secondary'by-pass'
sheet on the rear. Therefore, the Board determined that it was appropriate to maintain the existing single egress in the rear In order to
distribute site generated traffic between Main Street and Pine Street
B. Pedestrian,bicycle and vehicular traffic movement on site has been separated,to the extent possible,and sidewalks are provided
between businesses within the project
C. This project has been designed to reduce stormwater flows off site between pre and post development conditions and improves
GeoTMS®2004 Des Lauriers Municipal Solutions,Inc
•
Planning Board - Decision • City of Northampton
Hearing No.: PLN-2004-0080 Date:June 10. 004
existing off-site flow conditions. Catch basins include sumps of a minimum of M,ee(3)feet and and a'stonnceptor has bean Included.
COULD NOT DEROGATE BECAUSE
RUNG DEADUNE MAILING DATE HEARING CONTINUED DATE DECISION DRAFT BY: APPEAL DALE
5/6/2004 5/20/2004 6110/2004
REFERRALS M DATE HEARING DEADLINE DATE HEARING CLOSE DATE FINAL SIGNING BY: APPEAL DEADLINE
5/13/2004 7/11/2004 527/2004 &10/2004 6/30/2004
FIRST ADVERTISING DATE HEARING DATE VOTING DATE DECISION DATE
5/132004 5/27/2004 527/2004 6/10/2004
SECOND ADVERTISING DATE HEARING TIME VOTING DEADLINE '✓t'9ION BALI,.ME
510/2004 9:00 PM 8254004 645/2004
MEMBERS PRESENT: VOTE
William Letendre voles to Grant
Francis Johnson votes to Grant
Keith Wilson votes to Grant
Paul Diemand votes to Grant
Kenneth Jodde votes to Grant
David Wlensky votes to Grant
NOTION MADE BY: SECONDED BY: NTE COUNT: DECISFJK •
William Letendre Francis Johnson 6 Approved with Conditions
MMVIESOFIAMMQ
Available in the Office of Planning&Development.
I,Carolyn Misch,as agent to the Planning Board,certify that this is a he and accurate decision made by the Planning Board and certify
that a copy of this and ail plans have been filed with the Board and the City perk on
June 10,2004
I certify that a copy of this decision has been mailed to the Owner and Applicant
EIVE
-91 I EJUN 1 0 2004
CITY CLER.YS OFFICE
NORTHAMPTON MAS1060
August 16, 2004
I, Wendy Mazza, City Clerk of the City of Northampton, hereby certify that the above Decision
of the Northampton Planning Board was filed in the Office of the City on June 10, 2004, that a
Complaint was filed with the Hampshire Superior Court (Civil Action No. 2004-001-55) and
received in the City Clerk's Office on June 29, 2004, that a .Stipulaltion of Dismissal with
prejudice (see attached) was filed in the City Clerk's Office -on Augast 16, 2004.
, •
OL/
Attest
f\ k,y�Clerk-Cit of Nor ampton
G oTMSS 2004 Des Louden Municipal Solutions,Inc.
•
ATTACHMENT A • Northampton Cooperative Bank
Florence Branch Office
Proposed
Stormwater Management System
Operation & Maintenance Plan
May S, 2004 •
During Construction
The Contractor shall be responsible for inspection and maintenance during
construction.
At all times, siltation fabric fencing, stakes and hay bales sufficient to
construct a sedimentation control barrier a minimum of 50 feet long will be
stockpiled on the site in order to repair established barriers which may have
been damaged or breached.
An inspection of all erosion control and stormwater management systems
shall be conducted by the Contractor at least once a week and during all
rainstorms until the completion of construction. In case of any noted
breach or failure, the Contractor shall immediately make appropriate repairs
to any erosion control system and notify the engineer of any problems
involving stormwater management systems.
A rainstorm shall be defined as all or one of the following:
• Any storm in which rain is predicted to last for twelve consecutive hours
or more.
• Any storm for which a flash flood watch or warning is issued.
• Any single storm predicted to have a cumulative rainfall of greater than
one-half inch.
• Any storm not meeting the previous three thresholds but which would
mark a third consecutive day of measurable rainfall.
The Contractor shall also inspect the erosion control and stormwater
management systems at times of significant increase in surface water runoff
due to rapid thawing when the risk of failure of erosion control measures is
significant.
In such instances as remedial action is necessary, the Contractor shall repair
any and all significant deficiencies in erosion control systems within two
days.
The Owner shall be notified of any significant failure of stormwater
management systems and erosion and sediment control measures and shall
be notified of any release of pollutants to the City storm drain system.
The Contractor shallkemove the sediment from behind the fence of the
sedimentation control barrier when the accumulated sediment has reached
one-half of the original installed height of the barrier.
See site plans for additional erosion control notes during construction.
1
•
' - Northampton Cooperative Bank
Florence Branch Office
Post-Construction
Stormwater Management System Owner&
Party Responsible for Operation & Maintenance:
Main Office: •
Northampton Cooperative Bank
67 King Street
Northampton, MA 01060
i
Inspection & Maintenance Schedule:
1) Parking Lot/Street Sweeping
Parking lot and driveway sweeping shall take place annually. •
2) Hooded Catch Basins and/or Drain Manholes with Sump
Oil and water separators should be Inspected at least four times per year
and cleaned annually or more often if required. Oil and sediments
should be removed and disposed of in accordance with local, state and
federal guidelines and regulations. In the case of an oil or bulk pollutant
release, the system must be cleaned immediately following the spill and
the proper authorities notified.
3) Stormwater Treatment Chamber
The Stormwater Treatment Chambers require minimal routine
maintenance; however, it is important that the system be properly
inspected and cleaned when necessary in order to function at its best.
The rate at which the system collects pollutants will depend more heavily
on site activities than the size of the unit, e.g. heavy winter sanding will
cause the grit chamber to fill more quickly, but regular sweeping will
slow accumulation. For more detail of how the chambers should be
maintained, consult the Owner's Manual.
2
- . .
.., .
•
if
, • 04 155
A ypuE copy
ArresT Av iilitna.dic
cam wasoNWEALTH OF MASSACHUSETTS
TRIAL COURT
HAMPSHIRE, ss. SUPERIOR COURT DEPT.
CIVIL ACTION NO. 2004-001-5A
nmcn
,--
- =
JAN SMARG1E
x3/4
inn,
Plaintiff Ti
=co
Le? --“au
. c-c,
V. — =a,
,
NORTHAMPTON COOPERATIVE COOPERATIVE BANK, WILLIAM LETENDRE, FRANCIS
JOHNSON, DAVID WILENSKY, GEORGE KOHOUT, KEITH WILSON, PAUL
DIEMAND, KENNETH JODRIE, and NORTHAMPTON PLANNING BOARD
Defendants
STIPULATION OF DISMISSAL
,
- - . The parties to the above-entitled action, pursuant to the provisions of
Mass. R.Civ.P. 41 (a)(1)00, hereby stipulate that said action be dismissed as-7
to all parties, with prejudice and without interest and/or costs to any party.
Respectfully Submitted for
Jan Smargie, Plaintiff
By His Attorney,
Date i:3 - I l -d-i c
Mark A. Tanner , Esq.
. BBO No. 649532
. ,
) MORSE & SACKS
31 Trumbull Road
Iü , E_C E___11 W_E t
t
1.- .
1 t'
1 INorthampton, MA 01060
Telephone: (413) 584-1287
AUG 16 2004 L:ii';
- I
arr cuig OFFICE
NORTHAMPTON MA 01660 I
•
Respectfully Submitted for
The Defendants William Letendre,
Francis Johnson, David Wilensky,
George Kohout, Keith Wilson,
Paul Diemand, Kenneth Jodrie, in
their capacity as members of the
Planning Board of the City of
Northampton
r By T, _' / om
Date P1a4Q`f"
et M. Sheppa Esq.
City
City Solicitor
210 Main Street
• Northampton, MA 01060
(413) 585-5889
880 #457820
CERTIFICATE OF SERVICE
I, Mark A. Tanner, Attorney for the Plaintiff, do hereby certify that I
• - -served the foregoing Stipulation of Dismissal upon the members of the
Manning Board of the City of Northampton, Defendants, by mailing a true
copy thereof, via first-class mail, to their attorney, Janet M. Sheppard, Esq.;'
City Solicitor, 210 Main Street, Northampton, Massachusetts, 01060, on
August 43, 2004.
Ma A. Tanner, Esq.
A orney for the Plaintiff
• ORSE & SACKS
31 Trumbull Road
Northampton, MA 01060
Telephone: (413) 584-1287
BBO No. 649532
ry
2
MAS-20040305 . _ Commonwealth of Massachusetts 08/132004
shgpardp - HAMPSHIRE SUPERIOR COURT 03:24 PM
Case Summary
Civil Docket
HSCV2444-00155
Smargie v Northampton Cooperative Bank et al
File Date 06/29/2004 Status Disposed: by Settlement(dlspsetq
Status Date 087132004 Swollen A Civil A-CtRm 2-3rd fl
Origin 1 Case Type CO2-Zoning appeal(40A)
Lead Case Track F
Service 07202004 Answer Ru1e1271920 11262004
Rule 15 11262004 Discovery 04252005 Rule 56 05125/2005
Final PTC 06242005 Disposition 08/23/2005 Jury Trial No
Plaintiff Private Counsel 649532
Jan Smargie Mark A Tanner
Active 06/29/2004 Morse&Sacks
31 Trumbull Road
Northampton, MA 01060
Phone:4133&4-1287 .
Fax:413-584-0453
Active 06/29/2004 Notify
Defendant
Northampton Cooperative Bank
Service pending 06292004
Defendant Private Counsel 457820
Wiifiam Letendre,Member Janet M Sheppard
Service pending 06/29/2004 76 Masonic Street
Northampton,MA 01060
Phone:413.585-5889
Fax:413-586-2937
Active 07(16/2004 Notify
Defendant "'See Attorney Information Above*"
Francis Johnson,Member
Service pending 06/29/2004
•
case01 202322 y y y y y y Page 1 of 3
MAS•20040305 • Commonwealth of Massachusetts 08/13/2004
shepardp - HAMPSHIRE SUPERIOR COURT 03:24 PM
Case Summary
Civil Docket
HSCV2004-00155
Smargie v Northampton Cooperative Bank at at
Defendant an See Attorney Information Above"*
David Wilensky,Member
Service pending 08292004
Defendant ***See Attorney Information Above*"
George Kohout,Member
Service pending 00292004
Defendant *"See Attorney Information Above
Keith Wilson,Member
Service pending 06/29/2004
Defendant ***See Attorney Information Above*"
Paul Diamond,Member
Service pending 06/29/2004
Defendant ***See Attorney Information Above*"
Kenneth Jodne,Member
Service pending 06292004
•
Defendant "*See Attorney Information Above'**
Northampton Planning Board
Service pending 06292008 •
case05202322yyyyyy Page of
M49-20040305 Commonwealth of Massachusetts 08/13/2004
shepardp HAMPSHIRE SUPERIOR COURT 03:24 PM
Case Summary
Civil Docket
HSCV20O4-00155
Smargie v Northampton Cooperative Bank et al
ate Paper Text
9/2004 1.0 Appeal and request for Declaratory Judgment from Northampton MA
Zoning Board filed
/29/2004 Origin 1,Type CO2,Track F.
0/2004 Tracking:origin/track set and mailed to Attorney Tanner.
7/09/2004 2.0 Affidavit of compliance by Mark A Tanner with proof of service of
complaint re:Northampton Planning Board.
7/16/2004 3.0 Airy Janet M Sheppard's notice of appearance for William Letendre,
Francis Johnson,David Wilensky,George Kohout,Keith Wilson,Paul
Diemand,Kenneth Jodrie in their capacity as members of the Planning
Board of the City of Northampton.
8/13/2004 4.0 Stipulation of dismissal with prejudice,without costs.
case01 202322 y y yy y y Page3of3