May14 PB
STAFF REPORT
PERMIT
TYPE
PUBLIC
HEARING
DATE
PROPERTY ADDRESS/ ZONE/LOT SIZE
CLICK FOR PERMIT FILE 17C-247
SITE PLAN
MAY 14, 2020
7:00 PM 73 NORTH MAIN ST/URBAN RESIDENTIAL B/19,600+ SF
OWNER EXISTING
USE
VALLE
DWIGHT
SINGLE FAMILY
HOME
SITE
Summary of Request:
The applicant seeks to add a second detached unit in the rear of this site with associated parking.
Zoning Compliance
Detached units added to a site with an existing principal structure trigger site plan review under
350 Table of Attachments URB. This is a minor project – not requiring the level of detail that a
project of more than 5,000 sf of new construction would trigger.
Site Plan Review means that the use is allowed, however the Planning Board must ensure through
a majority vote (4 out of 7) that the technical details meet the zoning and the site will function
according to the requirements. Unlike a SPECIAL PERMIT, the Board may not deny a project
under site plan review based on determination about “fit” or “appearance” but may only deny a
project based on specific and detailed reasons why the project does not meet the technical
requirements in zoning.
The proposed location of this unit is shown at 10’ from the side lot line. The by-right side setback
is 15’ in the URB district. However, the existing house is 10’ from this same side lot line.
Therefore the addition is allowed to move forward by right (from a setback evaluation standpoint)
to be located at 10’. ---See comments below.
Issues:
Tree protection and tree removal/replacement. The arborists’ report is included. Note that there
is room on the parcel to push the addition to meet the standard 15’ side setback. The Board
should evaluate the arborist assessment to determine
Traffic Mitigation
The applicant is asking for a wavier under 350-11.6 for traffic mitigation. Since this scale of unit
could be added by right as an attached accessory dwelling which would not trigger traffic
mitigation, 11.6B2 is applicable:
The Board may exempt residential projects whose traffic impacts are not greater than if they
were developed as an as-of-right development without site plan approval and subdivision
approval.
Staff Recommendation
Approve Approve with Conditions Deny
Sustainable Northampton:
This site is near the Northampton Bike Path as well as Florence Center and meets the City Goals
to facilitate small scale residential units within existing neighborhoods.
Planning Board Approval Criteria:
A. The requested use protects adjoining premises against seriously detrimental uses. If
applicable, this shall include provision for surface water drainage, sound and sight buffers and
preservation of views, light, and air. This is a single small unit added to the rear lot of a single
family home. The lot itself could accommodate more units.
B. The requested use will promote the convenience and safety of vehicular and pedestrian
movement within the site and on adjacent streets. If applicable, this shall include considering the
location of driveway openings in relation to traffic and adjacent streets, the arrangement of
parking and loading spaces, and provisions for persons with disabilities; and:
The project, including any concurrent road improvements, will not decrease the level of service
(LOS) of all area City and state roads or intersections affected by the project below the existing
conditions when the project is proposed and shall consider the incremental nature of
development and cumulative impacts on the LOS.
C. The site will function harmoniously in relation to other structures and open spaces to the
natural landscape, existing buildings and other community assets in the area as it relates to
landscaping, drainage, sight lines, building orientation, massing, egress, and setbacks. The new
unit will be located behind the existing structure thereby maintaining the pattern of setbacks and
units as they exist on the block face.
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
construction materials and methods for water lines, sanitary sewers, storm sewers, fire
protection, sidewalks, private roads, and other infrastructure shall be those set forth in the
Northampton Subdivision Regulations[1] (even for projects that are not part of a subdivision)
unless the Planning Board finds that a different standard is more appropriate. Major projects that
do not trigger separate stormwater permitting shall have conditions that stipulate when
inspections shall be completed and submitted to the City. Annual reports, as necessary
depending on the stormwater management system, shall be submitted to the City.
E. The requested use meets any special regulations set forth in this chapter. See URB TABLE
for layout standards within the URB zone.
F. Compliance with the following technical performance standards:
(1) Curb cuts onto streets shall be minimized. The existing driveway will continue to be utilized
as the project driveway.
(2) Pedestrian, bicycle and vehicular traffic movement on site must be separated, to the extent
possible, and sidewalks must be provided from public sidewalks. The site will continue to
function substantially the same is it currently does.
PROPOSED CONDITIONS: (others will likely come as a result of Department of Public
Works review)
1. Prior to any site work, all tree protection measures as recommended by the arborist should be
installed.
2. The arborist must be retained to ensure that during construction, tree protection measures
recommended are implemented as the project is developed. Root zone protection shall be
done as recommended by the arborist.
3. Prior to issuance of a building permit
a. the applicant shall submit revised final construction plans, signed and sealed by a
Massachusetts registered P.E., to the DPW for review and approval at least 15 days
prior to the issuance of any City building or construction permits.
4. Prior to the issuance of the final certificate of occupancy:
a. All landscaping and tree replacement in accordance with 350-12.3 shall be made for the
trees over 20” DBH that are removed for this project. Additional payment into the tree
replacement fund may be made for replacement that cannot be made on site. This is
applicable for Trees 1, 2, 4, 5. (116” for 58” to be replaced).
PERMIT
TYPE
PUBLIC
HEARING
DATE
PROPERTY ADDRESS/ ZONE/LOT SIZE
Site Plan
Greater than
15’ wide
curb cut
More than
2000 sf of
development
May 14,
2020
7:45 PM
8 Kingsley Ave/Urban Residential C/6,000 sf CLICK FOR PERMIT FILE 32C-153
OWNER EXISTING
USE
John
Kowalski
Single
Family
Home
Summary of Request:
The applicant seeks to demolish the existing home and build a Duplex with 4 car attached garage.
Zoning Compliance
The lot is non-conforming for lot depth and the structure is non-conforming for rear setback.
The setback issue will be addressed by the ZBA at its meeting on May 14.
The Lot size allows a maximum of 2 units within the URC district.
SITE
The site plan review is triggered by two factors: 1) the scale of the project: 4,400+- sf. 2) curb
cut wider than 15’ for a residential district allowance. Proposed is 30’. Requires Majority vote to
approve (4 of 7)
NOTE: The application was incorrectly submitted with responses to questions regarding a
variance. This permit is not required. Please ignore factors relating to the “variance”.
Issues:
Curb cuts: 350- 8.8H
A driveway's entrance or exit shall not exceed, at its intersection with the front lot line, a width of
15 feet for single- , two- and three-family uses and 24 feet for all other uses, except that the
Planning Board may, as part of site plan approval, allow a thirty-foot width if, and only if, such
approval will promote safe and efficient traffic circulation.
The request exceeds the allowance for commercial uses. The longer stretches of curb opening
for vehicular traffic reduces safety on the street. Currently there is one continuous curb opening
on this side of the street from Pleasant Street to this parcel. Approving another 30’ stretch of
driveway zone further diminishes safety on this small street and extends pre-existing non-
conforming conditions that the City has been working to reverse all over the City.
The site plan request for double the standard driveway width is only requested due to the style of
new structure selected by the applicant. There are many ways to design a 2-family house with
parking on the side instead of at the front of the lot that would eliminate the request for a curb cut
wider than 15’.
There are virtually no homes on this block of mostly 1900’s homes that have garages or have
parking in front as this is designed. The massing of this structure, with the prominence of the
garages is certainly not consistent with most of the homes on this street.
Further, the Board has had many discussions about allowing 2-family homes by right with design
standards to make sure that new units fit into the character of older neighborhoods. This housing
type is not typical of Northampton’s core neighborhoods while also requiring a waiver of other
zoning provisions. There has been tremendous push back against allowing new units in
neighborhoods which often stems from examples of projects approved by the Board that do not
fit into the context of a street.
Tree Protection:
There are substantial Pine trees along the easterly property line that should have tree protection
prior to any site work. The applicant has not consulted with a certified arborist about adequate
protection of these trees. Staff recommends that this be completed prior to any site work.
Additionally there is a public shade tree in front of the lot that will need protection.
Traffic Mitigation
The applicant will need to address traffic mitigation in accordance with site plan review. There
are no facets of this project that could move forward without Planning Board approval, so a
waiver is not automatically allowed. Because this site is within the URC district, the payment-
in-lieu of the 1 additional unit would be $1,000 prior to issuance of a certificate of occupancy.
Sustainable Northampton:
The reinvestment in residential units downtown is critical to the success of Northampton as is the
addition of units. However, design is a critical component to this success, particularly the way it
relates to existing neighborhoods and pedestrian safety. This block is accessible to Pleasant
Street where the City has made significant financial investments into improving pedestrian safety
to ensure comfortable and safe access by all modes. These investments should continue and
permeate through our regulatory and project implementation efforts. Curb openings that exceed
dimensions that are proven to be safer and comfortable should not be allowed.
Staff Recommendation
Approve Approve with Conditions Deny
Approve a new two family with a maximum of 15’ wide curb opening. (denying the request for
the 30’ curb opening). “The applicant has not shown how a 30’ curb opening “promotes safe and
efficient traffic circulation.”
Conditions Recommended (others to follow from Department of Public Works)
Prior to any site work, the applicant must submit to Office of Planning and Sustainability
an arborists report on protection measures necessary to protect the Pine trees along the
easterly property boundary. All protection measures must then be installed and inspected
by staff prior to site work.
Prior to site work, tree protection for the public shade tree shall be installed in accordance
with the City’s tree protection standard and inspected by the City’s Tree Warden.
Prior to issuance of a building permit, plans must be submitted showing a new structure
with driveway location meeting the 15’ width. This can be either with garages or other
covered structures.
Prior to issuance of a certificate of occupancy for either unit, the applicant shall as
offered in accordance with 350-11.6 make a one-time payment of $1,000 in lieu of traffic
mitigation to City of Northampton to address traffic safety improvements on the network.
General approval criteria is same as for the site plan review spelled out for North Maple-above.
Standards are in 350-11.6