44-058 FILE #
960208
APPLICANT/CONTACT PERSON: /� 0
ADDRESS/PHONE: //9 �1�`�Z ?933
PROPERTY CATION: 1/9�
MAP7 PARCEL: ZONE
THIS SECTION FOR-OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOS)D REQUIRED DATE
ZONING FORM FH J FI) OITT
Fee Paid C' Jid(3 ) 7
Building Permit Filled our yeA
'/ GC. �1�
Fee Paid _pia
7
Type of C'nnctnictinn•
New C'nnctructinn
Remodeling interior
Addition to Fiisting
Areeccnry Structure
Building Plane Tnclnded•
Owner/Occupant Statement nr Licence #
3 Sete of Plane I Plot Plan
T �OLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION:
Approved as presented/based on information presented
Denied as presented:
Special Permit and/or Site Plan Required under:§
PLANNING BOARD ZONING BOARD
Received&Recorded at Registry of Deeds Proof Enclosed
Finding Required under:§ w/ZONING BOARD OF APPEALS
Received&Recorded at Registry of Deeds Proof Enclosed
Variance Required under: § w/ZONING BOARD OF APPEALS
Received&Recorded at Registry of Deeds Proof Enclosed
Other Permits Required:
Curb Cut from DPW Water Availability Sewer Availability
Septic Approval-Bd of Health Well Water Potability-Bd Health
'ermit f Orion ation Commission
di 5-
ignature• •• • 114. tor ate
NOTE:lssuenoe of a zoning permit does not relieve en eppiloant's burden to oomply with eli
zoning requirements and obtain eil required permits from the Board of Health, Conservation
Commission, Department of Publio Works end other applioabie permit granting authorities.
LAW OFFICES OF SCOTT J. HAMILTON
351 PLEASANT STREET• NORTHAMPTON, MA 01060 • (413) 586-1173 • FAX: (413) 586-1306
September 6, 1995
Hand Delivered
City Planning Department
Northampton, MA 01060
Re: Peter and Patricia Voss
Enclosed please find three copies of the Voss's Zoning Permit Application. I discussed
this matter at some length with Paula Kudzdeba approximately two weeks ago.
The essence of the matter is that the Voss's think that their special permits for a flag lot
and a common drive are still valid as a result of substantial use of the flag lot and common
drive for their permitted purpose.
However, Paula indicated that the beat way to get a read on the issue as far as the city was
concerned, would be to submit a Zoning Permit Application for consideration by the
Planning Department, Law Department and Building Department.
The Voss's appreciate your looking at this matter and look forward to receiving your
opinion on the matter.
Thank you for your consideration.
S.
ott amilton
08/21/95 16:26 $413 586 3726 CITY OE NORTHTON Z 002
File No.
ZONING PERMIT APPLICATION (Si 0 . 2)
PLEASE TYPE OR PRINT ALL INFORMATION
1. Name of Applicant: Peter B. & Patricia A. Voss
Address: 1196 Florence Road, Northampton, MA Telephone: 584-3933
2 Owner of Property: same as applicant
Address: same Telephone: same
3. Status of Applicant xx Owner Contract Purchaser Lessee
Other(explain):
4. Street Address: 1196 Florence Road, Northampton, MA
Parcel Id: Zoning Map# Parcel# District(s):
(TO BE FILLED IN BY THE BUILDING DEPARTMENT)
E.' Existing Use of Structure/Property Flag Lot - See attached
6. Description of Proposed UseNVork/Project/Occupation: (Use additional sheets if necessary):
see attached
7. Attached Plans: Sketch Plan Site Plan xx Engineered/Surveyed Plans
Answers to the following 2 questions may be obtained by checking with the Building Dept or Planning Department Files.
8. Has a Special PermitNariance/Finding ever been issued for/on the site? Flag Lot 11/30/89
NO DONT}AVOW YES x IF YES,date issued:
4/12/90
IF YES: Was the permit recorded at the Registry of Deeds?
•
NO DON'T KNOW YES x
IF YES: enter Book 36811 Page 383 and/or Document#
9. Does the site contain a brook,body of water or wetlands? NO xx , DONT KNOW YES
IF YES, has a permit been or need to be obtained from the Conservation Commission?
• Needs to be obtained Obtained date issued:
(FORM CONTINUES ON OTHER SIDE)
, 08/21/95 16: 27 $413 588 3726 CITY OE NORTHTON C�nt)3
10. Do any signs exist on the property? YES NO };
IF YES. descnbe size,type and location:
Are there any proposed changes to or add-tons of signs intended for the property?YES NO
IF YES, describe size,type and location:
Z . ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUB TO
LACK OF INFOPMATION-
This cz2uzisz to be *`{ 7ad in
br the sa isd3.aq D.p`sesone
Required
Existing Proposed By Zoning
Lot size 3.389 acres 3.389 acres
Frontage 50.08' 50.08'
Setbacks - front 450! _ 450±
- side L: 40' R: 40' L: 40' R: 40'
- rear { •
8 0' r J
Building height
n/a n/a
•
Bldg Square footage 2400 (1st fir) 2400 1st fir
%Open Space:
(Lot area slinus bldg n/,a n/a
&paved parking)
# of Parking spaces
na na
I of Loading Docks na r'a
Fill:
(volume & locatioD) na na
/3 . Certification: I hereby certify that the information contained herein
is true and accurate to the best of my knowledge.
DATE: (2) j
's APnmuir SIGNATURENOTE: Laotian Ea of &zoning permit does. not relieve an, applioanrs burden to oompty with ell
zoning requirements end obtain all required permits from the Board of Health, Conservation
Commission, Department of Publio Works and other sppUoabre permit granting authorities-
FILE #
Attachment to Zoning Permit Application
Peter and Patricia Voss
1192 Florence Road
Northampton, MA 01060
Supplemental Answer to Questions #5
The property is currently a vacant lot, and has been treated by the current owner and by
the most recent owner as a flag lot. The flag lot is accessed by a common drive which
serves both the flag lot and the abutting residential property.
Supplemental Answer to Question #6
Reason for Application
The zoning permit application is being submitted in order to determine whether the
Building, Planning and Legal Department for Northampton are of the opinion that the
special permits granted regarding the subject property are still valid.
Issue
At issue is whether the property has been substantially used as a flag lot with a common
driveway since the time that the permits were issued.
History of the property.
Planning board met on November 30, 1989 and voted to grant a special permit for a flag
lot. The special permit was filed with the City Clerk's office of December 18, 1989. A
notice of appeal of the Board's decision was filed with the Hampshire Superior Court. A
stipulation of dismissal with prejudice as to the appeal was filed on August 1, 1990.
At a meeting of the planning board on April 12, 1990 the Planning Board granted a
special permit for a common driveway to serve an existing house and the flag lot
referenced in this application.
Thereafter, the lot was listed for sale by the prior owner as a flag lot with a common drive.
•
The common driveway, which is located on the flag lot and which serves as access to the
flag lot and as access to the abutting lot and residence, which is the residence of the
applicants, was in existence at the time of the grant of the special permit for the flag lot
and for the common drive. In addition, this drive was in place at the time that a variance
for the grade of the driveway was issued.
The driveway continues to serve as access to the flag lot and to the residence of the
applicant.
On November 15, 1992, the subject property was sold as a flag lot. Nothing has been
done to treat the property as other than a flag lot.
The property is to be listed for sale as a flag lot. During the course of preparing to list the
property, the Realtor involved approached the city planning department to make sure that
the special permits that had been issued were still valid. A representative of the planning
department stated that the permits had expired as they were older than 18 months. (This
period has since been extended to two years.) No consideration was given to the fact that
substantial use of the property as a flag lot has taken place since the grant of the special
permits.
The applicant takes the position that substantial use has taken place, in that after the
grant of special permit for a flag lot, a special permit for the common driveway was
obtained. Further, a plan showing the lot as a flag lot has been recorded at the
Hampshire Registry of Deeds. Further, the property has been listed and sold as a flag lot
and has been treated as a flag lot since the date that the new applicants purchased.
In further support, an informal discussion with the planning department indicated that a
flag lot is deemed to have been substantially used when driveway construction for access is
commenced. In the instant case, commencement of the drive was not necessary as the
drive was already in place. The applicant feels that starting a new driveway and having an
existing driveway should be treated in the same manner, and that building a new driveway
or commencement of other work is unnecessary to establish substantial use of the property
as a flag lot and a common drive.
Additional Documentation
Submitted with this application are copies of the special permits decisions and a copy of
the plan recorded in the Hampshire County Registry.
Conclusion
For these reasons, the applicant's assert and ask the department heads involved to opine
that the special permits are still in effect as a result of their substantial use under the
granted permits.
•
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DECISION OF
4ORTHAMPTON PLANNING BOARD
•
c % � .1 At a meeting held on April 12, 1990, the Planning Board
s, 4 i of the City of Northampton voted unanimously to GRANT the
i c ii request of G. Francis Osborn for a Special Permit under the
'4 ' Provisions of Section 6.12 of the Northampton Zoning
;i Ordinance to allow a common driveway to serve an existing
/ house and a house yet to be built on a Flag Lot that was •
l' approved by this Board on November 10, 1989, said lot and
driveway being located at 1196 Florence Road, Northampton.
Present and voting were Chairman J. Beauregard, N. Dusaau,
1 M. Mendelson, J. Arnould, W. Larkin, J. Hale, A. Crystal and
t h
J. Holeva. •
i. 1i3The findings are as follows:
i, I 1 The requested use is listed in Section 6.12 as being .
allowed by Special Permit in the district for which
application is being made. .
94Z.
The requested use bears a positive relationship to the
public convenience or welfare, in that one common driveway •
is preferred over two separate driveways, for safety reasons. •
The requested use will not create undue traffic
•
• congestion or unduly impair pedestrian safety.
The requested use will not overload any municipal , f
j systems, provided that the conditions subsequent which are
a part of this decision, are observed.
• The requested use will not unduly impair the integrity .
• or character of the district, and is in harmony with the
general purpose and intent of the ordinance. .
r •
• The following conditions shall apply: •
•
1. A Dry Well Catch Basin must be installed to control
the drainage from the paved surface of the common driveway.
The drawing of the Catch Basin must be stamped by a
registered Professional Engineer, and approved by the
Department of Public Works as adequate. This condition
supercades and renders null and void "Condition #1" on_Page
Two of the' Decision of this Board dated November 30, 1989 ,
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'
i NORTLAMPTON PLANNING BOARD DECISION
G. FRANCIS OSBORN APPLICATION
PAGE TWO
as it relates to the common driveway.
2. The driveway is to be constructed in accordance with
the "Typical Cross-Section For Private Driveway" as submitted .
' by the Applicant. •
li 7. The erosion control measures detailed in a document i •
IIprepared on the stationery of Ammer Huntley, Jr. and
Associates, and signed by G. Francis Osborn on November 30, • Ii
Ii 1989, shall be adhered to. Ii
•
4. A "Driveway Maintenance Agreement" must be entered
II i• nto between G. Francis Osborn and the subsequent purchaser
•
of the flag lot. •
• 5. House numbers, identifying all of the homes
utilizing this common driveway, shall be placed at its
I' intersection with Florence Road and at each subsequent
I branch/fork of said common driveway, for identification by
emergency vehicles.
I. 6. Easements shall be placed on the deeds to the lots
granting access to and over the subject parcels. I
7. Restrictions shall be placed on the deeds to the
,I subject lots prohibiting any additional vehicular access• to
said lots from other than the common driveway approved by
this Special Permit, and stating that said common driveway
/. I is a private driveway and not a City way. The maintenance, '
4- operation, repair and reconstruction, (including snow plowing
and snow/ice removal) are the responsibility and liability '
of the property owners.
• 8. All utilities to service the lots shall be placed
1 i !I within the common driveway easement, and appropriate utility
easements shall be placed on the deeds to the subject
sJl properties.
� 9. All such deed easements, restrictions, and driveway
ti I maintenance agreements must be submitted to and approved by
the Northampton Planning Board prior to their recording, and P
prior to the issuance of any Building Permits.
- 10. All work shall comply with that shown on the
aforementioned Easement Plan, as well as any other plans
referenced in this decision.
11. Prior to the issuance of a Building
Permit/Occupancy Permit, the Applicant shall submit to the
Northampton Planning Board a certified statement from the i
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• NORTHAMPTON PLANNING BOARD DECISION
G. FRANCIS OSBORN APPLICATION
• PAGE THREE . •
Project Engineer that the driveway and dry well catch basin
were constructed in accordance with the plans approved by i
II this Special Permit. 1
'
i I-
I LVW:4‹.f_...1.4.....44,r./Jos9Ph Beaurega d, Chair i •
i �1� i . •
Dr. Jdse A�dou Andrew Cryt l�,...._-6,,Q •
•
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p.< c/4.4 .-----t-, 0-k_15L-- ...../_? /.1%,e--e.,/- __
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Marion Mendelson • E. John Gare III
illiI Jame Oleva ' lliam J. L ki `-
.3:
CERTIFICATE OF CITY CLERK May 19, 1990 • . :'
. Ii z:
I, Christine Skorupski, City Clerk of the City of
I' Northampton hereby certify that the above Decision of the
Northampton Planning Board was filed in the Office of the ..:1-,
i City Clerk on April 27, 1990, that twenty days have elapsed
since such filing and that no appeal has been filed in this
00 matter.
o
iAtte0----/m±„At,___.rn, 44„.... .„,, kj 6 L
• Christine Skor ki
i City Clerk
City of Northampton i
s.
R shift d1 1 990 at� Y (
_o'clock and minutes-/, .M.,Reed enCda�
... IDI1Y . O ( D 203
ezam d with Hampshire Reg.of Deeds.Book ?fG/ page f I o
Attest
1 MI.W.STAR ii. 1: .
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• • DECISION OF 1
NORTHAMPTON PLANNING BOARD
4 I I
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1
At a meeting held on November 30, 1989, ' the Planning '�
!! Board of the City of Northampton voted unanimously to APPROVE, !
"1-•
:`. i! the Application of G. Francis Osborn for a Flag Lot under the `
4, li Provisions of section 6.13 of the Northampton Zoning
Ordinance, and a Common Driveway under the Provisions of
'. 1-..: iI! Section 6.12 of the Ordinance, all at property located at • ',
54 1196 Florence Road, Northampton. Present and voting were •
F Chair N. Duseau, J. Arnould, A. Crystal, M. Mendelson, J. a
.. I Hale, J. Holeva, and J. Beauregard, Z
;I As to the Flag Lot, the Findings were as follows: I
`. ! The requested use is listed in Section 6.13 as being i
~ :' �k II allowed by Special Permit in the district for which
-' application is being made. 1
The requested use bears a positive relationship to the
d public convenience or welfare, in that it creates another
"• i.1' building lot in the city. • .
` The requested use will not create undue e traffic
congestion or unduly impair pedestrian safety. Y
.. 0
The requested use will not overload any municipal
systems.
.
d. : `' The requested use will not unduly impair the integrity '
c :';; or character of the district, since the flag lot being
created is 3.4 acres in size, far larger than required in the
ar: district. The use is in harmony with the general purpose and
�! intent of the ordinance.
All of the Section 6.13 criteria, (a through 1) have • .
A been met or exceeded. • i
r
The following conditions shall apply:
1. The plan being approved •is ,the one, ntttled,
"Plan of Land of Northampton, Massachusetts prepared
• ' for G. Francis Osborn by A1mer.—Hunt. aw„Ir__._afd •
Associates, Inc. dated June 29, 1989, revised to show
• building envelope, and signed by Do h ug W. T:.�..rg;6ili
Professional Land Surveyor. (Revised Nov. 28, 1989) AnT
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NORTHAMPTON PLANNING BOARD DECISION
•
G. FRANCIS OSBORN FLAG LOT AND COMMON DRIVEWAY
• • ' 'PAGE TWO
As to the Common Driveway, the findings are as follows:
The requested use is listed in Section 6.12 as being
11d allowed by Special Permit in the district 'for which
• application is being made. ,
•
I.
The requested use bears a positive relationship to the j
II public convenience or welfare, in that one common driveway
1.
.1 is preferred over two separate driveways, for safety reasons.
II The requested use will not create undue traffic
• Y II congestion or unduly impair pedestrian safety. This is in
a semi-rural area where there are no sidewalks and very
• Y little pedestrian activity.
$ li The requested use will not overload any municipal
I. systems, provided that the conditions subsequent which are
U. ii a part of this decision, are observed.
The requested use will not unduly impair the integrity
1 or character of the district, and is in harmony with the
general purpose and intent of the ordinance.
4 I•
I The following conditions shall apply:
I i
1. A drainage easement shall be obtained from George
J. Gadomski, the immediate southerly abutter.
2. The driveway be constructed in accordance with
• the "Typical Cross-Section For Private Driveway" as t
: I submitted by the Applicant. ,
a
I1 3. The erosion control measures detailed in a
} i • document prepared on the stationery of Almer Huntley,
•• Jr. and Associates, and signed by G. Francis Osborn
• on November 30, 1989, shall bo adhered to.
4. A "Driveway Maintenance Agreement" must be
1 entered into between G. Francis Osborn and the
I subsequent purchaser of the flag lot. • ,
5. House numbers, identifying •'all of the 'homes
utilizing the common driveway, shall be placed at its
i intersection with Florence'•Road—And•':at -each
subsequent branch/fork of said :common'driveway_�for
• • identification by emergency vehicles....
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• BOCK 3E01 PAGE03OS E
•
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NORTHAMPTON PLANNING BOARD DECISION
C. FRANCIS OSBORN FLAG LOT AND COMMON DRIVEWAY
PACE THREE .-
•
6. Easements shall be placed on the deeds to the
lots granting access to and over the subject parcels.
7. Restrictions shall be placed on the deeds co the
subject lots prohibiting any additional vehicular •
•
access to said lots from other than the common i
• driveway approved by this Special Permit, and stating \
that said common driveway is a private driveway and _ '
• not a City way. The maintenance, operation, repair,
and reconstruction, (including snow plowing and
' snow/ice removal) arc the responsibility and .
liability of the property owners.
8. All utilities to service the lots shall be placed
within the common driveway easement, and appropriate
utility easements shall be placed on the deeds to the
•
i subject properties. •
I 9. All such deed easements, restrictions, and
' driveway maintenance agreements must be submitted to
and approved by the Northampton Planning Board prior
I to their recording, and prior to the issuance of any
II Building Permits.
f I 10. All work shall comply with that shown on the
t aforementioned Easement Plan, es well as any other
plans referenced in this Decision.
II 11. Prior to the issuance of a Building I:
• Permit/Occupancy Permit, the Applicant shall submit i
I.
to the Planning Board a certified statement from the
RecelvedetCityClerk'gOHice?reject engineer that the driveway was constructed
•
NOORTHAMIIPTONN,�MASS. permit accordance with the plans approved by this Special
•
By ,!.t1��rY 76. (1z• ,.
t ,e6- i� .
Oeta / _/ice% / .
Time II 9••727/ • ieze V /,—..e.1�.��,
Nancy P. D$.6eau, Chair .. '
( `1�J
/(* . .
An refw Crystu 'l 1 Dr/Josef\Arnoul d n ' .• i.
t.
•
•) �'UrtrSDsseph Bcau!eq//�Q J•
Ldith Hale
• {
•1 / Z2711 ,//� ex•A.,rye AL.....L..Z+i1.1 • ~1
'I ?�
I �ames Holeva /i' Marion Mendelson � +
August
1, 1990 .' •• ,
I, Christine Skorupski, City Clerk of the City of Northampton
hereby certify that the above Decision of the Northampton
4 Planning Board was filed in the Office of the City Clerk on 1
L��•/. .. December 18, 1989, that a Notice of Appeal was filed with the .a '
,,iI. Hampshire Superior Court, Civil Action No. 90010 and re-
iv.ti''''• ceived in the CityClerk's Office on January 5, 1990 on the •;
it jrc Decision for a Special Permit on the Common Driveway. A •
�.. ;.. Stipulation of Dismissal with prejudice (sec attached) was
filed in tlee City Clerk's Office on August 1, 1990.
At:est I f i,. n.,C�n
��. r `;C_ly Clerk f •
1
;.. :�: City of Northampton
1
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BOOK 3E01 PAGE 0.310 '
i- a. Zc DECISION O!
` - ! )IORTSAMPTON ZONING BOARD OP APPEALS
At a meeting held on November 20, 1989, the Zoning Board of
Appeals of the City of Northampton voted unanimously to GRANT
I
the Application of G. Francis Osborn for a Variance from the
Provisions of Section 6.13 of the Northampton Zoning
Ordinance for the purpose of allowing a portion of a common
li driveway leading to a flag lot to have a grade in excess of
li seven percent. Present and voting were Chairman Robert C.
Buscher, Dr. Perez Laband, and N. Sanford wail, Jr.
ij •
1,
I, The Findings are as follows:
it The Board found a circumstance relating to the topography of
!I this parcel that is unique to this parcel and not found •
elsewhere in the district, that circumstance being the rapid
.• rise in elevation of the lot from the grade of Easthampton I •
Road, creating, at one section of the driveway, a grade of
7.23%, which, when looked at in the light of the 7% maximum
II grade allowed by the ordinance, is a >ie minimis variation.
{!• 1 The Board found that literal enforcement of the ordinance ,
Iwould create a financial hardship for the Applicant, who, I
without this Variance, would be unable to create a Flag Lot
to the rear of his property, and thus be deprived of
substantial income for use in his retirement years. •.
'I The Board found that the requested relief can be granted I __ ,
•
without derogating from the purpose and intent of the •
1.
1• . ordinance, since the intent is to insure that parcels are
'1 accessible to emergency equipment, and the Fire Department ,
1
+ has confirmed in writing that the small portion of the
I�
jC driveway having
fire a grade of 7.23% will not impede their access
in the event .
ij 1 .
1 • �.� _
Received st City Clerk's Office Root t C. Bu Cher, Chairman
t NORTHAMPTON,MASS. I
t gy i3:it/�.�'n R ✓ •
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Data' 'P> if"lr�„ ��4 I�ti A-O�
Time
9.i./n A./77 Dr. Peter Laband
4 t
•
i d
.! S. Sanford Neil, Jr. July 30, 1990. 1
I I '
1,I, Christine Skorupski, City Clerk of the City of I •
Northampton, hereby certify that the above Decision of i f. :
the Northampton Zoning Board of Appeals was filed in the i {
Office of the City Clerk on November 27, 1989, that twenty
days have elapsed since such filing, and that no appeal has
/ /... been filed in this matter. -sy C\ 6
Atto.iC ._----. ....6,-,%. Arlt .
I am_."tIne l.!Or plfk. ��
� City Clerk
Datf///'' 7 1990 ar Y O'clock anda�rmnute .•A•>;,`�tee'd en:d and examide
is
• ✓
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•
• , • .• -
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF THE TRIAL COURT i
% n
Hampshire, se. Superior Court Department l
Northampton Division
Civil Action No.900.10
) •
G. FRANCIS OSBORN, )
plaintiff ; .
STIPULATION OF DISMISSAL •
V. ) fuss. ♦ssoitsium
PLANNING BOARD OF THE CITY
OF NORTHAMPTON, )
Defendant )
•
• Pursuant to Rule 41(a) (1) (ill, the parties herein
have stipulated that this action on behalf of G. FRANC1S
BOARD OFtTHEhePCITYtOFlainiffNORTeHAMPTON,herin, bed the ismiDefendants herein.ssed as to PLANNING
This dismissal is with prejudice and is intended to
• mseratedasnanh�djudication on the merits of all claims
r . . .
Respectfully submitted, ••
. The Plaintiff r .
MORSE, SACKS i FINTON
Dates .7uly 27, 1990 t4L ! I /
i ,
Hark A. Nei.
r 31 Trumbull qiiii
060
Northampton,
(413) 584-1287 '
a j
f.
AGREED:
c T e Defendants 4.11,(Ak
Bys1ti. , livN
Rath con G. Fallon, Esq.
Assistant City Solicitor
City of Northampton • .
210 Main Street 01060
t Northampton, MA
I Asa I J
, CIty;ARK;roi lC •
s nePtre!rtgn mv7 Teco
DaG 1990at_ 'dock and �w,;nu a ent ago*
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