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16C-025 209 Spring Street Special Permit-Lot Reduction for open space donationPlanning - DecisionCity of Northampton Hearing No.:PLN-2010-0031Date: March 26, 2010 APPLICATION TYPE:SUBMISSION DATE: PB Special Permit with Intermediate 3/12/2010 Applicant's Name:Owner's Name: NAME: NAME: City of NorthamptonLawrence and Cordis Bean et al (behalf of Be ADDRESS:ADDRESS: 210 Main Street209 Spring Street TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: NORTHAMPTONMA01060FLORENCEMA01062 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (413) 587-1231 EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 209 SPRING ST URA/WSP/WP TOWN:ADDRESS: ACTION TAKEN: FLORENCE MA 01062 Approved With Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 16C025001 Chpt. 350-6.3: Reduction of Dimensional TOWN:STATE:ZIP CODE: and Density Regulations Book:Page: 2076256 PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: Reduction in lot size and corresponding donation. HARDSHIP: CONDITION OF APPROVAL: 1)This lot shall be served by one access through a single curb cut from Spring Street. No additional access drives maybe used unless granted through a separate Planning Board permit process and review as required in the zoning ordinance. FINDINGS: The Planning Board approved the application for a special permit for lot size reduction for the existing farm house based on the plans submitted with the application. The single family house Lot size would be reduced from the required 80,000 to .77 Acres or 33,540+- square feet. The reduction is based on a 1.1 acre land dedication along the Mill River that runs at the back of the larger parcel owned by the property owner. In granting the permit, the Board found that the following required elements had been met: (1) The requested use/lot protects adjoining premises against seriously detrimental uses in relation to surface water drainage, sound and sight buffers and preservation of views, light, and air; The single family farm house would remain on a smaller lot. (2) The requested use/lot 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; and. There will be no change in the use of the property, just a dimensional change. The applicant agreed to restrict access to the newly created lot via a single curb cut. (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 land permanently deeded for open space protection along the River is supported by the Conservation Commission and the open space plan goals to protect natural resources within the city. (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. The single family house use will remain. (5) The requested use meets the special regulations set forth in this chapter 350-6.3-c: 1. Conservation Commission made positive recommendations relative to: [A] The value of the resource area being protected and its consistency with the City's Open Space and Recreation Plan. [B] The adequacy of the protection of said resource area. [C] The adequacy of public accessibility to the resource GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc. Planning - DecisionCity of Northampton Hearing No.:PLN-2010-0031Date: March 26, 2010 2. The land was donated, with no financial or other consideration, to the City or another nonprofit tax-exempt conservation organization and was not transferred as a part of an open space residential or PUD development or as a condition of any other City permit. 3. Prior to said donation, the lot conformed to all relevant zoning requirements or was a preexisting nonconforming lot. 4. That at least 40% of the required lot size and frontage requirement remain as part of the lot exclusive of the donation (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; and (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. The plan calls protection of sensitive resource areas. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 3/4/20103/18/20104/8/2010 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 3/11/20105/16/20103/25/20104/8/20104/15/2010 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 3/11/20103/25/20103/25/20103/26/2010 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 3/18/20109:40 PM6/23/20106/23/2010 MEMBERS PRESENT:VOTE: Marilyn Richardsvotes toGrant Katharine G. Bakervotes toGrant Stephen Gilsonvotes toGrant Mark Sullivanvotes toGrant Francis Johnsonvotes toGrant George Kohoutvotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Mark SullivanKatharine G. Baker6Approved with Conditions MINUTES OF MEETING: 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® 2010 Des Lauriers Municipal Solutions, Inc. To:Northampton Planning Board From:Northampton Conservation Commission Re:Planning Board Special Permit Application 209 Spring Street, Florence, Map ID 16C-025-001 Date:March 23, 2010 At its March 11, 2010 meeting, The Conservation Commission reviewed the special permit application for a reduction ofdimensional or density requirements at 209 Spring Streetfor the purposes of donation of land. The Conservation Commission voted unanimously to recommend that the Planning Board issuethe special permit. Issuance of the special permit willbe consistent with the guidelines set forth in §350-6.3(C) of the General Code. Allowing the lot size reduction and corresponding donation will: 1)Be consistent with the City’s Open Space and Recreation Planby expanding holdings of open space, preservingthe character of one of our historic farms and adjacent river, helping toprotect ascenic vista, and limiting development in a previously agricultural area. 2)Add two more parcels to the inventory of permanently protected land within Northampton. Both parcels will be transferred in fee to the Conservation Commission or the Trust for Public Land. Either transfer will provide a protection from development in perpetuity. 3)Contribute to the variety of publicly accessible land within Northampton. Although there is no set plan for the 2.2 acres subject to the special permit application, both parcels will be part of the larger Bean/Allard Farm property, for which a menu of options is being developed by the Bean Allard Task Force. �, ,,