44-058 (3) •
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. . _____________J
DEPT OF BUILDING INSPECTIONS
NORTHAMPTON MA 01060
• DECISION OF
•
• NORTHAMPTON PLANNING BOARD
At a meeting held on April 12 , 1990, the Planning Board
of the City of Northampton voted unanimously to GRANT the
request of G. Francis Osborn for a Special Permit under the
Provisions of Section 6.12 of the Northampton Zoning
Ordinance to allow a common driveway to serve an existing
is house and a house yet to be built on a Flag Lot that was i •
�iapproved by this Board on November 10, 1989, said lot and
driveway being located at 1196 Florence Road, Northampton.
II Present and voting were Chairman J. Beauregard, N. Duseau,
M. Mendelson, J. Arnould, W. Larkin, J. Hale, A. Crystal and
J. Holeva.
Ij • 1
The findings are as follows:
ii The requested use is listed in Section 6. 12 as being .
allowed by Special Permit in the district for wtlich
application is being made. .
The requested use bears a positive relationship to the
hpublic 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
I systems, provided that the conditions subsequent which are
• I, a part of this decision, are observed.
The requested use will not unduly impair the integrity
•
I; or character of the district, and is in harmony with the
fgeneral purpose and intent of the ordinance.
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
li registered Professional Engineer, and approved by the
Department of Public Works as adequate. This condition
supercedes and renders null and void "Condition 1"_. on Page
jITwo of the Decision of this Board dated November 30, 1989
V).
ii
NORTHAMPTON 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.
3 . The erosion control measures detailed in a document
!i prepared on the stationery of Almer Huntley, Jr. and
Associates, and signed by G. Francis Osborn on November 30,
1 1989 , shall be adhered to.
I 4 . A "Driveway Maintenance Agreement" must be entered
iI into between G. Francis Osborn and the subsequent purchaser
of the flag lot. •
5. House numbers, identifying all of the homes
I. utilizing this common driveway, shall be placed at its
ii intersection with Florence Road and at each subsequent
1 branch/fork of said common driveway, for identification by
emergency vehicles.
6. Easements shall be placed on the deeds to the lots
i granting access to and over the subject parcels.
7 . Restrictions shall be placed on the deeds to the
!I subject lots prohibiting any additional vehicular access• to
't said lots from other than the common 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) are the responsibility and liability
of the property owners.
8 . All utilities to service the lots shall be placed
EE-Li within the common driveway easement, and appropriate utility
easements shall be placed on the deeds to the subject
properties.
C `. 9 . All such deed easements, restrictions, and driveway
r-- • maintenance agreements must be submitted to and approved by
the Northampton Planning Board prior to their recording, and
eL 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 E
•
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
H this Special Permit. .
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Dr. 3ose h Beaurea Chair ir
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Dr. J sefl AfiT�ou1 Andrew Cry t 1/
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is- cz, J dith Hale Nancy P. D eau
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., Marion Mendelson • E. John Gare III
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Jame Yileva Sv lliam J. L kin
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I� CERTIFICATE OF CITY CLERK • May 19 ,. 1990
• li I , Christine Skorupski ,
CityClerk of the Cityof
,i Northampton hereby certify that the above Decision of the
h Northampton Planning Board was filed in the Office of the
!I, City Clerk on April 27 , 1990 , that twenty days have elapsed
since such filing and that no appeal has been filed in this
!! matter . r
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Atte t: lc �ts -Y c �-- it�.l I a
• C Christine Skor ski
i City Clerk
City of Northampton .
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1.1,J17
• DECISION OF
NORTHAMPTON PLANNING BOARD DEPLNORBUILDING
MA p1J NS
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•
At a meeting held on November 30 , 1989, the Planning
Board of the City of Northampton voted unanimously to APPROVE ,
the Application of G. Francis Osborn for a Flag Lot under the
Provisions of section 6.13 of the Northampton Zoning
II Ordinance, and a Common Driveway under the Provisions of
!: Section 6 . 12 of the Ordinance, all at property located at
1196 Florence Road, Northampton. Present and voting were
Chair N. Duseau, J. Arnould, A. Crystal, M. Mendelson, J.
Hale, J. Holeva, and J. Beauregard,
As to the Flag Lot, the Findings were as follows:
The requested use is listed in Section 6.13 as being
I' allowed by Special Permit in the district for which
application is being made.
The requested use bears a positive relationship to the
public convenience or welfare, in that it creates another
;: building lot in the city. • .
i
j The requested use will not create undue traffic
congestion
it or unduly impair pedestrian safety.
The requested use will not overload any municipal
systems.
The requested use will not unduly impair the integrity
or character of the district, since the flag lot being
Ij created is 3 .4 acres in size, far larger than required in the
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
been met or exceeded.
fl The following conditions shall apply:
1. The plan being approved. is.(.the:one,ent tied,
"Plan of Land of Northampton, Massachusetts prepared
for G. Francis Osborn by_....Almer_Hurt1Py, Jr arlcl
Associates, Inc. dated June 29, 1989, revised to show,
building envelope, and signed by-Doug] -�h-rP�arir
Professional Land Surveyor. (Revised Nov. 28, 1989) Awo.
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
allowed by Special Permit in the district for which
application is being made.•
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. This is in
a semi-rural area where there are no sidewalks and very
little pedestrian activity.
The requested use will not overload any municipal
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.
�• The following conditions shall apply:
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
submitted by the Applicant.
3 . The erosion control measures detailed in a
document prepared on the stationery of Almer Huntley,
Jr. and Associates, and signed by G. Francis Osborn
on November 30, 1989, shall be adhered to.
4 . A "Driveway Maintenance Agreement" must be
entered into between G. Francis Osborn and the
subsequent purchaser of the flag lot. •
5. House numbers, identifying'•4all -of the • homes
utilizing the common driveway, shall be placed at its
intersection with Florence""' Road—and —at - each
subsequent branch/fork of .said commoh. driveway, for
identification by emergency vehicles. „
NORTHAMPTON PLANNING BOARD DECISION i
G. FRANCIS OSBORN FLAG LOT AND COMMON DRIVEWAY
PAGE 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 to the
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 is a private driveway and
not a City way. The maintenance, 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
within the common driveway easement, and appropriate
utility easements shall be placed on the deeds to the
subject properties.
9. All such deed easements, restrictions, and • ._
driveway maintenance agreements must be submitted to
and approved by the Northampton Planning Board prior
to their recording, and prior to the issuance of any
I •
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 Planning Board a certified statement from the
Received et City Clerk's Officeproj ect engineer that the driveway was constructed
•
NORTHAMPTON,MASS. in accordance with the plans approved by this Special
•
• �__ Permit.
By 7.; cP• 2 LCL •
Date / 1I /i,./9?2
rime l) 9'•,2,7, /7j. JP-
Nancy P. D eau, Chair /-) _..
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•
;iAAiiuu l.) .C �
. 'IA � �/,��
,g 'Arew Cryst \ l '''''-Dr. Josef Arno •
//uld .
eph Bea eg. J J dith Hale .
'es Holeva / Marion Mendelson
August 3, 1990
I, Christine Skorupski, City Clerk of the City of Northampton •
hereby certify that the above Decision of the Northampton
Planning Board was filed in the Office of the City Clerk oh
_•.r _�„ .._ December .18, 1989, that a Notice of Appeal was filed with the
; -:' Hampshire Superior Court, Civil Action-No; 90010 and re- •
",;:'.7 . ": ceived in the City Clerk's Office on January 5, 1990 on the: • "
•
Decision for a Special 'Permit:on the Common Driveway. A
Stipulation of Dismissal withiprejudice . (see' :attached) was
.., filed in the City Clerk's Office on Aug t 1, 1990.
' Attest t.c�lL1YQ_) a:u i iasd 4C•c
-y Clerk
City of Northampton: . -
l5: . . �.
.
COMMONWEALTH OF MASSACHUSETTS •
DEPARTMENT OF THE TRIAL COURT
Hampshire, ss. Superior Court Department
Northampton Division
Civil Action No. 90010
•
)
G. FRANCIS OSBORN, )
Plaintiff )
v. ) STIPULATION OF DISMISSAL
) (Rule 41(a)(1)(ii))
PLANNING BOARD OF THE CITY )
OF NORTHAMPTON, )
Defendant ) •
Pursuant to Rule 41(a) ( 1) ( ii) , the parties herein
have stipulated that this action on behalf of G. FRANCIS
OSBORN, the Plaintiff herein, be dismissed as to PLANNING • •
BOARD OF THE CITY OF NORTHAMPTON, the Defendants herein.
This dismissal is with prejudice and is intended to
operate as an adjudication on the merits of all claims
asserted in this action.
• .Respectfully submitted,
. . The Plaintiff
MORSE, SACKS & F: NTON
Date: July 27, 1990 IL _'
I 1 By
Mark A. NeJ. e
31 Trumbull • •ad
Northampton, • • 1060
( 413) 584-1287
AGREED:
The, Defendants
By: 4 1
�-UU4-11
Kathleen G. Fallon, Esq. ,
Assistant City Solicitor
City of Northampton
210 Main Street
Northampton, MA 01060 [ [ Q W Rail -�
AUG 1 1993
CITY CLERKS OFFICE
NORTHAMPTON. MASS.O',OSO
]3
El RN W E If .
:.r4 DECISION OF - - •
NORTHAMPTON ZONING BOARD OF APPEAL
! , 71990
1.1 . .
DEPT OF BUILDINNG INSPECTI
ONS
�P
At a meeting held on November 20, 1989, tzo 319 PP
. IAppeals of the City of Northampton voted unanimously to GSA T
the Application of G. Francis_ Osborn for a Variance from the
• 1 Provisions of Section 6.13 of the Northampton Zoning •
Ordinance for the purpose of allowing a portion of a common
I! driveway leading to a flag lot to have a grade in excess of •
II seven percent; Present and voting were Chairman Robert C. . •
•
•
Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr.
• Ii • 1
;i The Findings are as follows:
i. The Board found a circumstance relating to the topography of
11 this parcel that is unique to this parcel and not found
elsewhere in the district, that circumstance being the rapid i •
-- rise in elevation of the lot from the grade of Easthampton
1 .
• Road, creating, at one section of the driveway, a grade of
1 7.23%, which, when looked at in the light of the 7% maximum
it grade allowed by the ordinance, is a de minimis variation. •
ii •
11 The Board found that literal enforcement of the ordinance
II would create a financial hardship for the Applicant, who,
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 j
1I without derogating from the purpose and intent of the
ordinance, since the intent •is to insure that parcels are
11 accessible to emergency equipment, and the Fire Department
�I has confirmed in writing that the small portion of the
j1 driveway having a. grade of 7.23% will not impede their access
in the event of fire.
i; 1-in
Received at City Clerk's Office -�
NORTHAMPTON, MASS. Robert C. Buscher, Chairman
By .. - . `"�tL.zci
Date-/%)>M±lcC.,/ 9 ( �"4.-Lt,.. 1-1N
A.-.4 .....0
;! Dr. Peter Laband
Time ! ;i7OP.n'7.
H
. `
it M. Sanford Weil, Jr. July 30 , 1990%
�I
;I , Christine Skorupski, City Clerk of the City of
Nort;# ampton, hereby certify that the above Decision of
the Northampton Zoning Board of Appeals was filed in the
Offide 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. ^ = ..
Atte s • • ,. .
_ . z or . .
. . s me� 'Sk ups. l..
•
• City Clerk
City of Northampton