13-001 (5) •
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' , PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON
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Citr7 Hall• 21 o Main Street • Northampton,MA o i oho • (413)587-1266 • Fax:14131587-1264
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�t� wagreFei den,Director•email:pfarming@city.nortljampton.ma.us •Internet:www.city.northampton.ma.us
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DECISION OF
NORTHAMPTON PLANNING BOA Jai - 4
2000
APPLICANT: Patricia Giangregorio and Ronald Paasch DEPT OF BUItD!NG 7 MA O1G60 INSPECTION
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ADDRESS: 31 Rustlewood Ridge
Northampton, MA 01062 NORTF{
OWNER: Patricia Giangregorio and Ronald Paasch
ADDRESS: 31 Rustlewood Ridge
Northampton, MA 01062
RE LAND OR BUILDINGS IN NORTHAMPTON AT: Coles Meadow Road
MAP AND PARCEL NUMBERS: MAP 13 PARCEL 1
At a meeting conducted on December 15, 1999, the Northampton Planning Board voted
unanimously 5:0 to grant the request of Patricia Giangregorio and Ronald Paasch for
SPECIAL PERMITS WITH SITE PLAN APPROVAL FOR 1) three flag lots, 2) a
common driveway (shown as the common drive serving the three flag lots on the plan cited
below),3) construction in a Watershed Protection District,4) a reduction in frontage
requirements for the purpose of donating land to the City for open space/conservation
purposes, and 5) site alteration and impervious surface within 200 feet of a watercourse in
a Water Supply Protection District under the provisions of Sections 6.3(3) 6.12, 6.13, 10.10,
10.11, 14.3 and 16.7 (D) in the Northampton Zoning Ordinance for property located on Coles
Meadow Road, also known as Map 13, Parcel 1, in accordance with the following plans, as
they may be amended by conditions attached to this permit:
1. "Plan of Land in Northampton, Massachusetts prepared for Patricia Giangregorio
and Ronald Paash,"by Harold L. Eaton and Associates, Inc., dated July 20, 1999.
2. "Plan&Profile of Common Drives, Oak Knoll Estates,Northampton, Mass. For
Contemporary Country Builders,"prepared by Harold L. Eaton and Associates,
Inc., dated June 14, 1999 and revised July 20, 1999.
3. "Topography& Grading, Oak Knoll Estates,Northampton, Mass. For
Contemporary Country Builders,"prepared by Harold L. Eaton & Assoc., Inc.,
dated June 14, 1999 and revised July 20, 1999.
Planning Board Members present and voting were: Vice Chair Daniel J. Yacuzzo, Paul
Diemand, M. Sanford Weil, Jr. and Associate Members Alton Neal and Orlando Isaza.
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planning board•conservation commission •zoning board of appeals •housing partnership•redevelopmentautbority,
•economic development•community development•historic district commission•historical com mission •northampton GIS
original prim Won recycled paper
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In Granting the Special Permit with Site Plan Approval,the Planning Board found:
A. The requested use for three flag lots and a common drive protects adjoining premises
against seriously detrimental uses because flag lots are allowed by Special Permit in the
Suburban Residential (SR) and Rural Residential (RR) zoning districts, and the project
represents relatively low-density development which will maintain a large percentage of
the land in its natural state. Proposed deed restrictions submitted with the application
liih t clearton the three flag lots and three frontage lots to twenty percent(20%) and
twenty-five percent (25%), respectively.
B. The requested use promotes the convenience and safety of vehicular and pedestrian
movement within the site and on adjacent streets and minimizes traffic impacts on the
streets and roads in the area because a common drive will serve the three flag lots,
limiting the number of curb cuts on Coles Meadow Road. (The three frontage lots are also
served by a common drive approved by Special Permit filed in the City Clerk's office on
November 19, 1999.)
C. The requested use promotes a harmonious relationship of structures and open spaces to
the natural landscape, existing buildings and other community assets in the area because
the common drive and proposed restrictions on clearing will minimize disruption to the
natural landscape. Also, additional restrictions on clearing imposed by this permit will
minimize the visual impact of the two houses on the ridge above the Fitzgerald Lake
Conservation Area.
D. The requested use will not overload, and will mitigate adverse impacts on, the City's
resources, including the City's water supply and distribution system, sanitary and storm
sewage collection and treatment systems, fire protection, streets and schools.
A. The requested use meets all special regulations set forth in the Zoning Ordinance under
Sections 6.3(3), 6.12, 6.13, 14.3 and 16.7(D). (See attachments for criteria.)
F. The requested use bears a positive relationship to the public convenience or welfare
because it will provide additional housing.
The use will not unduly impair the integrity of character of the district or adjoining zones,
and the use will not be detrimental to the health, morals, or general welfare. The use is in
harmony with the general purpose and intent of the Ordinance.
G. 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 M.G.L. Chapter 41, Section 81-C and D. Particularly, the requested use promotes
the goal of providing access to open space and preserving open space because the
applicant has donated a parcel of land to the City for open space/conservation purposes
and also offered to lease a ten-by six hundred-foot strip of land to the City for pedestrian
access to the Fitzgerald Lake Conservation Area.
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In addition, in reviewing the Site Plan, the Planning Board found that the plan complied with
the following technical performance standards:
F. 1. Curb cuts onto streets have been minimized by the use of a common drive to serve
three lots.
2. Pedestrian, bicycle and vehicular traffic movement on site are separated to the
extent possible.
The following conditions were imposed on this permit:
1. Clearing around the two proposed houses on the flag lots on top of the ridge
shall extend no more than fifty feet from the foundation on the north,west,
and south sides of the proposed houses.
2. As offered by the applicant, the land owner shall execute the proposed lease
(attached to this permit) allowing access from Coles Meadow Road to the
Fitzgerald Lake Conservation Area to the City of Northampton either as is,
or revised to show the Northampton Conservation Commission as the lessee,
and such other changes as may be mutually agreeable to the landowner and
the city.
3. As offered by the applicant, the land owner shall donate the three acres
(more or less) of land shown on the original application to the Northampton
Conservation Commission, to be incorporated into the Fitzgerald Lake
Conservation Area.
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ATTACHMENT A
Section 6.12 Vehicular Egress/Access to a Lot and Common Driveways. In reviewing the
application for a Special Permit with Site Plan Approval to permit a common driveway, the
Planning Board found the following:
1. The common driveway does not serve more than three (3) lots,
2. The common driveway provides the only vehicular egress/access to the lots being
serviced by it, and this is stated in the deeds to the subject lots,
3. The grade, length and location of the common driveway is of suitable construction for the
access and turn-around of the vehicles which will be utilizing the common driveway.
A. The driveway has a width of at least fifteen(15) feet,
B. The driveway has passing turnouts providing a total width of at least 20 feet along
a distance of at least 25 feet, spaced with no more than 300 feet between turnouts,
and with the first such passing turnout being located within ten feet of the
driveway connection to the street, and
C. The driveway is acceptable to the Department of Public Works and the Fire
Department,
D. The driveway conforms to all other driveway requirements of the Zoning
Ordinance.
CERTIFICATE OF SERVICE
Pursuant to M.G.L. Chapter 40A, Section 11, I,Laura Krutzler, Board Secretary, hereby
certify that I caused this decision to be mailed, postage-prepaid,to the applicant and owner
on January 4, 2000.
ei40-44/<Zs 4
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ATTACHMENT B
Section 6.13 Flag Lots. In reviewing the application for Special Permits with Site Plan
Approval for three Flag Lots, the Planning Board found each lot has:
1. met the requirements of the Table of Dimensional and Density Regulations, Section 6.2;
and
2. an access roadway with no curve having a radius of less than eighty(80) feet or, if access
is from another lot, an area on the flag lot for an access roadway with no curve having a
radius of less than eighty(80) feet; and
3. configuration such that the principal structure (erected or to be erected)may be located on
the lot in such manner that a circle, with a minimum diameter equal to one and one-half
(1 1/2) times the amount of the minimum frontage requirement required for a non-flag lot
in that district, can be placed around the principal structure without any portion of said
circle falling outside of the property's line; and
4. no more than three Flag Lots having abutting, contiguous street frontage. Contiguous
Flag Lots under common ownership must share one common curb-cut and driveway
access. Appropriate easements shall be delineated on the Plot Plan and on the deeds to
the lots, including a clear provision for the responsibility for the maintenance of the
common driveway, common utilities (if any) and snow removal, running with the land.
Said easements shall:
A. become part of all of the deeds, and
B. be recorded at the Hampshire County Registry of Deeds or Land Court, as
applicable (proof of recording shall be submitted to the Building Commissioner
prior to the issuance of any Building Permits).
5. An access driveway with grade, length and location of suitable construction, in the
opinion of the Planning Board, for the access and,where applicable, the turn-around for
vehicles, including moving vans, ambulances, fire and police. Said driveway conforms to
all applicable provisions of the Zoning Ordinance.
6. Plans submitted to the Planning Board under this Section shall be the same as the plan
submitted to the Planning Board under the Subdivision Control Law, and shall include
the statement "Lot(s) is a Flag Lot: building is permitted only in accordance with
the special Flag Lot Provisions of the Northampton Zoning Ordinance."
7. The Special Permit application shall include a plan showing the location and layout of the
proposed driveway and house and all provisions for drainage and storm water run-off.
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Planning Board - Decision City of Northampton
File No.: PL-1999- Date: December 15, 1999
Pursuant to Massachusetts General Laws(MGL),Chapter 40A,Section 11,no Special Permit,or any extension,modification
or renewal thereof,shall take effect until a copy of the decision bearing the certification of the City Clerk that twenty days
have elapsed after the decision has been filed,or if such an appeal has been filed that it has been dismissed or denied,is
recorded in the Hampshire County registry of Deeds or Land Court,as applicable and indexed under the name of the owner
of record or is recorded and noted on the owner's certificate of title.The fee for such recording or registering shall be paid by
the owner or applicant.It is the owner or applicant's responsibility to pick up the certified decision from the City Clerk and
record it at the Registry of Deeds.
The Northampton Planning Board hereby certifies that Special Permits with Site Plan Approval have been GRANTED and
that copies of this decision and all plans referred to in it have been filed with the Planning Board and the City Clerk.
Pursuant to Massachusetts General Laws,Chapter 40A,Section 15,notice is hereby given that this decision is filed with the
Northampton City Clerk on the date below.
If anyone wishes to appeal this action,an appeal must be filed pursuant to MGL Chapter 40A,Section 17,with the Hampshire
County Superior Court or the Northampton District Court and notice of said appeal filed with the City Clerk within twenty
days(20)of the date of that this decision was filed with the City Clerk.
Applicant: Pat Giangregorio and Ronald Paasch-Coles Meadow Road
DECISION DATE: December 15, 1999
DECISION FILED WITH THE CITY CLERK: January 4, 2000
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• ' EXHIBIT A
i
LEASE -I
InI consideration of the mutual covenants co ' wined herein, '
this AGJEEMENT is made this day of • , 1999,
between' Patricia Giangregoria. and Ronald Paasch of Northampton,
Massachusetts, hereinafter referred to as the 'TLanajlord", and The
City of Northampton, hereinafter referred to as thi "Tenant" .
Section 1. Description :of. Premises and Purpose of ILease.
Th' Landlord leases' to Tenant a strip of landl ten (10) feet
wide an six hundred (600) :feet, in length running fritm Coles Meadow
Road in orthampton along:the southerly boundary of he.land of the
Landlor located -on Coles Meadow Road, as describedlin Certificate
of Title-No. 1806; Land •Court .Bodk' 17, Page 207 . ,.. -
Th aforementioned, --Land • is leased to ` 'the. ' enant' by the
.
Landlor exclusively for recreational purposes. fora' se i .a manner: -
Consist nt with the General Laws _ of Massachnaett , Chapter 21,
-Section 17C.(a) to •afford''local access by foot to`c..rtain land of
the Cit of Northampton' as described in'.a -deed • r corded''in the•••''
'Hampshi a County. Registry of .Deeds, `nook, 2521,• •'. Page 1, upon:the ". • •
terms d conditions set 'forth •in this Lease q
,Section 12 . Term' ard Renewal 'options. {
Thd initial term.of this. Lease :is -four_-(4). •yeas: •• The Leaser: -.fr,x
will be automatically renewed':f•or_. successive :additi-' nal ,. three.__(3)3 r��+.4.1:, ^ ?
�' year terms, unless: the Tenant.'notifies the'-,Landlord• f-'non-renewal`'} Or•
prior to. the' expiration of .the•Lease •term them int'e' feet. _ ,pi'�*, }l, �;-:
Section '3 . Terms and Conditions._ ' , C , rip ,' •.�7f
a. j The Landlord; their successors or : assig4is assume 'no - - '_1:
respona 'b lity or liability for:''use'<of,:theslease<i''p endses 'by the- ':
• Tenant, j its -employees, agents, .invitees. or :any of er person. or ,
' persons (regarding the uSe •of:•;the leased 'premises :r _ _ � `� .
f . , The Tenant:•assumes all .liability and resp nsibility fors
use of be leased premi'ses''by,the -Tenarit,- .its- empl Y .ees, `a5ents ,°p " ..
invitee or' any other-per'son- or::persons'='regarding the 'use of-•;-the r'= .. ,'- -''
leased 'emises . ' r
The Tenant',.: at its own expense;- '�lo a- '- \ �' PXQ , C t -'.and -maa,ntain r :, '" _ -
• a trail' j on 'the leased premises`and "erect- a two •rl•.split rail` "Y` -�
fence to! the north side 'of, leased. premises.. . 1 _
d. I The leased: premises are for use by-local ,traffic by foot
•
only; antd no trespassing shall; be permitted on other, land..of:;'the
'Landlord adjacent to the.leased premises 4
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• e. 1 The Tenant shall post -such signs,. as may j'be, reasonably
necessary .to instruct any ' person or persons usiing the leased
• premiseb not to. park within five hundred (500) feel of the leased
premise .
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f. j The leased" premises may not to be used t. afford -local
access Pay foot to certain • land of the ' City of I orthampton as
•
described in a deed recorded in the Hampshire Co y Registry of
Deeds, ; Book 2521, Page 1, - until completion 'f the trail,
install*tion of the two.'rail' split rail fence and posting of signs
require by this Lease. ' • 1
•
g. 1 The leaaed.•premises shall be subject tolall rules and
regulations relative to adjacent Conservation Land ismf the Tenant. .
h. The Tenant- shall••erect and maintain on the $eased premises .
such .signs as may be reasonably necessary to indicat ;the terms and
conditions of this Lease•, to any person or persons using the leased •
premise4. The Tenant agrees .not to promote increa6ed .use of the -
leased remises. ' through -public distribution, diwsemination or - -
advertidement • of maps, ' literature or other -materia..s relating. to. •
the leased premises. . . •
i. .This Lease may be. terminated by the ' La a lord -for any
material. breach of the -termss and conditions contain d herein :
•
j . 1 This Lease may ibe terminated * by the ,:Landlord,. -their
,' successdrs, heirs or assigns, in the event that nether Patricia •
Giangre4orio and/or 1ton ld •Paasch. continue to own•o 'reside. on the
• parcel of land• containing the. leased premises,• pro' ided however,•:- -•. . .: •
that sa'ld termination Hof the .Lease shall become- of "ective.at the •
•
end of .tie three (3.) year renewal period :following Te term of_,the
Lease then in effect: • •-
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Section !4 . Entry of Premises by Landlord. I
Landlord reserves the right to enter onto.;the 'lased premises
to inspect it for Compliance-with the terms and con '`tions of--this :'. ., ..`
Lease. i . -. •
:
e n S
c io . Assignment,-Sublease, or License • •
Tenant shall riot assign or sublease the demise
,. � premises,-: or '
• any right, privilege or .obligation connected ther with, without-:. • '.. ':-.-
first ob aining the'written consent of the Landlord which consent :,: . '.
shall no unreasonably be• withheld) . A consent by L dlord on one -
occasion; shall not be: a- •consent to a subsequent assignment, or
•
sublease'. An unauthorized assignment, sublease, : fi 'r license by '
Tenant. s all be: void and•shall terminate the Lease at the option of,:
Landlord:. The interest of *Tenant in this Lease is ot; -e.Ssignable
by operation of:law'without the 'written consent of L•ndlord (which'
consent shall not unreasonably:be withheld) .
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,, Secp ion.. 6. Default. i
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- If: - the Tenant shall default in the perfoL�mance of any •
condition by the Tenant hereunder, the Landlord max, upon written
notice to Tenant, 'terminate this Lease and take 1ga1 action to
recover. possession of the premises, or re-enter th premises.- If
suit iO brought for the recovery of possession Jof the leased
premises because .of 'the breach of any covenant hereijn contained on
the part of the Tenant, and a breach shall be estabilished, Tenant
shall ply to Landlord -all expenses incurred therefore including
' reasonable attorneys fee.
. i
Sectioni7. Notices.
Whenever notice is required to be given by -on party to the
other, notice shall be deemed adequate when mailed, in writing,
certified mail or return receipt requested andl addressed as
follows
A. If to Landlord: '
j Patricia .Giangregorio -
Ronald paasch .. 1
-31 .lustlewood-Ridge -
- Northampton, MA "01060 % : j
B. ' If Co Tenant ,
The City. of Northampton
City Hall • . • •
Northampton, 'MA
01060 - . -
tITNESS WHEREOF the parties have. .'hereunto sO
N' WITNESS their hands .-
and sal .
j
Patricia Giangregorio Landlord. •
Ronald paasch ; Landlord : .
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The City of Northampton .I - Tenant
its , 1 - '. ',
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,. , ';s i.S..r ru. _...•F�e 1'�..�4�a',"w(£'l{.4W,ii4MiQ1-11�'"R.aS�•t 3� iya .
Anthony Patillo
Building Inspector