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Jun25 1 STAFF REPORT PERMIT TYPE PUBLIC HEARING DATE PROPERTY ADDRESS/ ZONE/LOT SIZE CLICK FOR PERMIT FILE 31D-217 SPECIAL PERMIT/SITE PLAN MAJOR JUNE 25, 2020 7:00 PM 34 DEWEY CT /URBAN RESIDENTIAL C/ 1.3 ACRES OWNER EXISTING USE BENJAMIN LEWIS SINGLE FAMILY HOME Summary of Request: The applicant is seeking to build 15 apartments in a single building, preserving the existing house as common use space for the tenants in the apartments.  8 additional parking spaces beyond what the zoning requires.  Path connection from Dewey Court to the publicly-used path on Smith property to Fruit Street- comparable to requirements for “Dead-End” streets in City’s Subdivision Regulations  Creation of 16’ wide Alley-type or Residential Shared street comparable to that which is allowed in the City’s Subdivision Regulations. This is a hybrid of the two wherein no curbing is required & the width and curvatures of the layout create slow enough speeds to allow sha ring of modes between pedestrians, vehicles and bicycles. SITE 2 Zoning Compliance : The site is on the edge of downtown and is surrounded by parcels that have varied densities, which reflect the general character of the Urban Residential C district. A special permit is a discretionary permit. The Board has the jurisdiction to evaluate the unique character of the site as it relates to the proposed use of the property to determine if the criteria within the zoning is met.  A special permit for more than 6 units to be const ructed in the URC-p5 districts is required. See the application for how the project meets these elements. o Note that the Planning Board may waive, elements 2, 3, 4 in the URC table if it can be shown that a different design meets a pedestrian-scale design that encourages public/private transition and interface (e.g., similar elements facing internal courtyards or private streets)  Special Permit criteria is in 350.10.2.  Conservation Commission has issued a permit for reconstruction of the sewer line and other site work.  Department of Public Works has issued a stormwater permit for this project. The Planning Board’s findings to approve special permits must find the criteria in the Table of use for URC and 10.2 have been met (or could be met with conditions) 1) The requested use protects adjoining premises aga inst seriously detrimental uses. If applicable, this relates to surface water drainage, sound and sight buffers and preservation of views, light, and air; and NOTE: this does not mean that the Board guarantees that existing resident’s view of their neighbor's yard will never change. This can mean the use of setbacks, buffers, orientation of structures and use of other landscaping. This provision is to ensure that development of a property does not fully envelope another by a new building. (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; This can be met by mitigation offered, a show that the mitigation will not drop the Level Of Service on area roads below what is already existing and by ensuring safe multi -modal access to and from the site. (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; By tucking the building into the rear portion of the site on a smaller footprint per unit basis t han other structures in the neighborhood this development allows new units while preserving a significant portion of the 1.3 acre site. Additionally the existing house will be preserved which enables less overall site disturbance. (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 3 collection and treatment systems, fire protection, streets and schools; The applicant is replacing an existing deteriorated sewer line to support this project. (5) The requested use meets any special regulations set forth in this chapter; The specific criteria in the URC table are applicable here as well as the provisions in Site Plan and 12.3 for Significant Trees. Height Max height allowance is 50’(4-5 stories). Project building= ~36’ (3 stories). Surrounding URC heights range from 1.5’ stories to 3 stories and in some cases greater. Massing Articulated with different roof planes, building angles, step backs and 3 separate massings tied together. Density- Surrounding Neighborhood Density: 6.5 - 30 dwelling units per acre, mostly 20 and below. Subject Parcel Density: 11 dwelling units per acre. Connectivity Connectivity through the site to a path at the rear used by other neighborhood residences is proposed, providing required pedestrian access on Dewey Court and to the rear to downtown. Park Space Maintenance of the exi sting view shed of the turnaround creates a backdrop for the parklet space. See plans. Streetscape Because this lot does not have the typical frontage along the street and the existing driveway bisects the site in a way that allows structures to flank each side of this dividing line created by the driveway in a way that continues the rhythm of street. Further, the applicant has addressed this criteria by dividing the parking into two areas, screened from the street using the existing landscaping in the driveway. (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; The specific nature of the ordinance was established to encourage this type of higher density residential development surrounding downtown. The provision of new rental housing opportunities. (7) If applicable, the requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives, as defined in City master or study plans adopted under MGL c. 41, § 81C and 81D. ISSUES: Trees 3.3, 3.4, 3.5 are shown along the edge of the property between the parking lot and the new building. The Grading plan shows signifi cant work under the tree canopy and the arborist noted that 4 these may need to be removed. However the applicant has stated that they would like to save these trees if possible. The issue is that in previous projects when grading c omes this close to trees, despite tree protection, that the trees fail within 1-2 years. This permit should account for this now. Either calculate these inches into the tree replacement, while also attempting to save the trees-- but do not pay into the fund for these trees until a 2 year window has passed or take the trees down now and replant trees in their place. 350-12.3 Criteria governs all trees on the property over 20” DBH and does not differentiate among species or native vs. invasive types. The applicant has calculated 112 inches removed that need to be replaced. Additional trees 3.3-3.5=83 additional inches. The ordinance does not grant discretion for the Board to impose more restrictions on tree removal based on public comment regar ding an individual tree for its suggested unique qualities. This provision for tree replacement is the same in the urban core as well as in the more suburban districts in the city. See attached map showing that this project is within a neighborhood that has the least amount of impervious surface per capita of other residential neighborhoods in the City. Pedestrian Connectivity. Due to the location of the mature Maple Tree within the Dewey Court sidewalk, it is not feasible to extend the sidewalk from its current terminus into the site without removing this shade tree. As an alternative means of extending safe pedestrian access to the site from the public sidewalk, the applicant has selected a combination of 4’ wide dura-therm treatment in the street leading to a 16’ wide shared (ped/vehicle) driveway with brick pavers on the property to differentiate the pedestrian path from the traveled way. Traffic Mit igation: The applicant is offering to make a one -time payment in-lieu of traffic mitigation for the 14 new units proposed. The total amount would be $14,000 based on the 14 new peak hour trips to be generated by this use. Though there are existing traffic issues on South Street, the zoning does not require any applicant to address existing conditions of the transportation network surrounding a project. The Zoning does require that applicants address each new incremental addition of traffic generated by the proposed project. New projects are not barred from approval even if existing traffic on the ne twork does not function at a level of service adequate for the volume of traffic accommodated. Lighting Carport lighting exceeds 5 foot candles. The Board will need to vote to approve this increase under the covered parking areas. 5 Consistency wi th Sustainable Northampton  Social Equity- The foundation of the plan is based on providing equity throughout decision making process. Adding a range of rental housing even if market-rate, will meet needs of a variety of residents of the City. Further, the development of multi family housing meets the goal of encouraging investment in properties that will help retain a population of divers e demographics and of diverse income levels.  Encourage preservation of significant buildings . Though not an historic structure, this house has is older than 1939 and would trigger demo revi ew. The applicant is choosing to incorporate this house into the project which allows the site to remain in tact to the greatest extent possible with much less disturbance to the neighborhood while allowing it to be creatively used as spillover space for the tenants in the new building. This allows smaller units to be built on the site, meeting a housing goal of encouraging small unit development to meet needs of diverse income levels.  Encourage Housing Alternatives- new energy efficient housing stock, new rental inventory, mid market rentals are identified in the plan as well as the recently commissioned report on Northampton’s Barriers To Fair Housing. The city has lost rental housing in and around the edges of downtown as residential structures are converted to commercial uses. Examples include “transitional residential” buildings on State Street, Masonic, Center, Gothic Streets. The transition of those units as well as conversion of other rental units to co ndominiums has created a gap in housing inventory. Rental residential units are essential to support downtown businesses and/or attract new business .  Housing to create new opportunities close to downtown and to support Downtown Economic Development and Commercial Vitality- A vitally important element to maintaining a vibrant and evolving downtown business mix is to ensure that there are housing densities that support this within walking distance of downtown. Street facing storefronts should not be filled with housing since that would detract from urban vitality and character . However, development of housing units behind and surrounding Main Street and the blocks beyond provide the support to downtown. 6 Staff Recommendation This project fulfills a gap in the housing inventory relative to range of smaller rental units and meets the criteria in the special permit for more than 6 units. The new building is compactly situated primarily within the existing lawn area or previously disturbed area. There are trees that will need to be removed for the project, but the applicant has gone to great effort to balance tree preservation while tucking new structures onto the site. Therefore Staff recommends approval with conditions: Approve Approve with Conditions Deny 1. Prior to site work, a. The applicant shall submit to the Office of Planning and Sustainability a statement by the arborist indicating that tree protection and recommended tree care in preparation for site development has been completed . b. The Stormwater O & M agreement must be recorded in compliance with Department of Public Works standards. c. Final revised plans incorporating all conditions herein shall be submitted to the Office of Planning and Sustainability. Carport details should include piers instead of poured concrete footings 2. Prior to issuance of a building pe rmit a. Final plans and details shall be submitted in accordance with conditions herein. 3. Prior to issuance of a final certificate of occupancy: a. A lighting as-built shall be submitted stamped by a PE indicating that the lighting levels approved by the Board have been met. b. Calculation showing that required tree replacement has been met for the 195” (DEPENDING ON BOARD’S DISCUSSION) removed through either on site planting or payment into the tree replacement fund or a combination of the two.. c. As offered to address the increase by 14 new peak hour trips generated by this project, the applicant shall make a one -time payment-in lieu of traffic mitigation of $14,000 or shall reconstruct the portions of the sidewalk along Dewey Court that do not meet ADA compliance up to the val ue of this increase in traffic generation. 4. All lighting must meet the zoning unless the Board conditions herein otherwise. 5. Carport lights shall be turned off or put on motion sensors after 10 PM RR RR RR RR RR RR RR RR RR RR RR RR RR RR RR RR RRRR RR RR RR RR RR RR RR RR SR SR SR SR SR SR SR SR SR SR SR SR SR SR URA URA URA URA URA URA URA URA URA URA URA URA URA URA URB URB URBURB URB URB URB URB URB URB URB URB URCURC URC URC URC URC URC URC URC WSP WSP WSPWSP WSP WSP WSPWSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP WSP E Sources: 2010 City Census MassGIS 30cm imagery sq_m_impervious_per_capita 135 186 312 362 - 376 505