24B-067 263 King Street-PB Site Plan Approval-9-25-2009Planning - DecisionCity of Northampton
Hearing No.:PLN-2010-0004Date: September 25, 2009
APPLICATION TYPE:SUBMISSION DATE:
PB Major Site Plan7/21/2009
Applicant's Name:Owner's Name:
NAME: NAME:
FORISH CONSTRUCTION CO INC293 NORTHAMPTON REALTY LLC C/O WILLI
ADDRESS:ADDRESS:
P O BOX358P O BOX 5789
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
WESTFIELDMA01086ALBANYNY12205-0789
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
(413) 568-8624(413) 562-7136
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
263 KING ST
GI(1)/HB(99)/
TOWN:ADDRESS:
ACTION TAKEN:
NORTHAMPT0N MA 01060
Approved With Conditions
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
24B067001
Chpt. 350- 11: Site Plan Approval
TOWN:STATE:ZIP CODE:
Book:Page:
850084
PHONE NO.:FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
NEW 5836 SF SHOWROOM BLDG
HARDSHIP:
CONDITION OF APPROVAL:
1) Prior to CERTIFICATE OF OCCUPANCY, an engineer’s stamped as-built shall be submitted to Office
of Planning and Development s showing 0 foot-candles at the property line with full cutoffs on the
lights.
2). Prior to any temporary CERTIFICATE OF OCCUPANCY, all trees proposed for planting or replanting
must be inspected by city tree warden for compliance. All trees shall be planted and mulched
according to nurserymen standards. Existing gravel mulch shall be pulled back from trunks of all
trees.
3). Prior to issuance of any certificate of occupancy, $36,000 in lieu of traffic mitigation, shall be
made to City of Northampton. At the end of 6 months of operation, and prior to issuance of a final
certificate of occupancy, the applicant shall submit a trip generation study taken over 5 weekdays. If
the PM peak trips to the site are equal to or more than 50% greater than the 18 PM peak trips estimated
in the application, mitigation shall be adjusted upward according to the zoning ordinance requirement.
FINDINGS:
The Planning Board voted to approve the site plan for the construction of the 5,836 square foot auto dealership based upon the following
plans submitted with the application:
1. "Lia Kia Site Plan at 263 King Street", Prepared by Huntley Associates, PC dated July 2009, Sheets 1-8, Luminaries Plan and
Architectural Elevations.
2. Traffic Mitigation Letters/Responses.
In granting approval the Board found the following criteria in Chapter 350- 11.1 had been met.
1) The requested use protects adjoining premises against seriously detrimental uses. Highway Business consists of a mix of use
including other auto dealerships.
(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. If applicable, this shall include considering the location of driveway
openings in relation to traffic and adjacent streets, access by emergency vehicles, the arrangement of parking and loading spaces, and
provisions for persons with disabilities. The redevelopment of the site will utilize the existing driveway and driveway access approved
under previous site plan. A sidewalk will connect from King Street to the front door of the dealership.
The applicant will make a $36,000 payment in lieu of mitigation and submit a post-construction traffic study to ensure that mitigation
GeoTMS® 2009 Des Lauriers Municipal Solutions, Inc.
Planning - DecisionCity of Northampton
Hearing No.:PLN-2010-0004Date: September 25, 2009
covers the actual impacts and up to 50% more than assumed.
(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 existing landscaping along King Street will remain.
(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. Stormwater permits have been amended to
accommodate the reconfiguration of the site.
(5) The requested use meets any special regulations set forth in this chapter including section lighting, stormwater management.
(6) The requested use bears a positive relationship to the public convenience or welfare. The use will not unduly impair the integrity of
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.
(7) If applicable, 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 MGL c. 41, § 81C and 81D.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
7/23/20098/6/20099/10/200910/8/2009
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
7/30/20099/24/20099/24/200910/8/200910/15/2009
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
7/30/20098/13/20099/24/20099/25/2009
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
8/6/20098:05 PM6/26/200912/23/2009
MEMBERS PRESENT:VOTE:
Marilyn Richardsvotes toGrant
Stephen Gilsonvotes toGrant
Jennifer Dieringervotes toGrant
Mark Sullivanvotes toGrant
Francis Johnsonvotes toGrant
Kenneth Jodrievotes toGrant
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Francis JohnsonMark Sullivan6Approved with Conditions
MINUTES OF MEETING:
Minutes available in the Office of Planning & Development.
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 the date shown above.
I certify that a copy of this decision has been mailed to the Owner and Applicant.
___________________________________
Notice of Appeal
An appeal from the decision of the Planning Board may be made by any person aggrieved pursuant to MGL Chapt. 40A, Section 17 as
amended within twenty (20) days after the date of the filing of the notice of the decision with the City Clerk. The date is listed above. Such
appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of the City of Northampton.
GeoTMS® 2009 Des Lauriers Municipal Solutions, Inc.