44-058 (4) jLI1
1-11! : :
IDECISION OF
NORTHAMPTON PLANNING BOAR
DEPT OF MM D1 1
NO MPTO Ol
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
house and a house yet to be built on a Flag Lot that was
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. Duseau,
M. Mendelson, J. Arnould, W. Larkin, J. Hale, A. Crystal and
J. Holeva.
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.
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 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
supercedes and renders null and void "Condition #1" on Page
Two of the Decision of this Board dated November 30, 1989
i
II
NORTHAMPTON PLANNING BOARD DECISION
1 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
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 all of the homes
utilizing this common driveway, shall be placed at its
intersection with Florence Road and at each subsequent
branch/fork of said common driveway, for identification by
emergency vehicles.
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 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
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
this Special Permit.
rhos" e h Beau regai� , Chair
P
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Dr. Josef Arhoura Andrew CryS� l/
J dith Hale Nancy P. D eau
271-0�L41:\ ?ILA. -dam I c 1'1 G.
Marion Mendelson E. John Gare III
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Jame bleva `� lliam J. L ki
Northampton Planning Board
April 12 , 1990 Meeting
Page One
The Northampton Planning Board met at 7 : 00 p. m. on Thursday, April
12 , 1990 in Council Chambers, Wallace J. Puchalski Municipal
Building, Northampton. Present were Chairman J. Beauregard, J.
Hale, N. Duseau, W. Larkin, M. Mendelson, J. Arnould, A. Crystal,
J. Holeva and L. B. Smith, Senior Planner.
MINUTES: Mrs. Mendelson moved the minutes of the March 22 , 1990
be accepted without reading. Mrs. Duseau seconded, and the motion
passed unanimously.
CORRESPONDENCE: None.
At 8 :45, the Board opened the Public Hearing on the Application of
G. Francis Osborn for a Special Permit for a common driveway to
serve an existing house and a house yet to be built on a flag lot.
Atty. Mark NeJame, representing the Applicant, said, "We 're back
before you with a new application, because we couldn 't comply with
one of the conditions you put on your approval the last time we
were here--the drainage easement. If you like this proposal, we ' ll
drop our appeal. The change is where water was directed onto a
neighbor' s property. Now we have a catch basin that disperses it
into the ground before it gets to the neighbor' s property. " He
passed out a drawing of the basin, commenting, "We ' ll be right next
to a sandbank. " Mr. Crystal asked how the sheet flow from the
driveway will be gathered, and Dr. Osborn said, "Two swales. " Ch.
Beauregard read a letter from the DPW and a letter dated November
7 , 1989 from Dr. Osborn. Mr. Smith commented that George
Andrikidis was satisfied with the plan, but wanted to see an
engineer ' s stamp on the catchbasin drawing. Mr. NeJame commented,
"Dr. Osborn isn't going to spend the money to put something in
that ' s not going to work. " Mr. Crystal inquired, "Who calculated
that this basin will work? The DPW wants the assurance of a PE
stamp. What we would like is the same thing, that an engineer did
the calculations and that this will work. " Mr. NeJame asked, "Can
you approve this contingent on the DPW receiving and approving a
stamped drawing?" Mr. Crystal replied, "Yes, I want a civil
engineer' s blessing. "
Dr. Arnould moved that the Public Hearing be closed. Mrs. Hale
seconded, and the motion passed unanimously. Mr. Crystal moved
that the Board approve the Special Permit application, "allowing
this new proposed runoff treatment contingent on the DPW receiving
and approving a stamped design drawing with calculations. " Mrs.
Duseau seconded. The motion passed unanimously.
Sr. �T se ph Beaure rd
P Chairman
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tiAM
City of Northampton, Massachusetts 4) C•j.
Office of Planning and Development • : nt
City Hall • 210 Main Street A/A�� �
In- •
Northampton, MA 01060 • (413) 586-6950 i►" sit #
• Community and Economic Development ��P,!�
• Conservation • Historic Preservation •� ->���'
r �1.rJS►..
• Planning Board • Zoning Board of Appeals Maar"
• Northampton Parking Commission
Date: APR 2 71990
RE: THE APPLICATION OF G. FRANCIS OSBORN FOR A SPECIAL PERMIT TO
ALLOW A COMMON DRIVEWAY TO SERVE AN EXISTING HOUSE AND A HOUSE YET
TO BE BUILD AT 1196 FLORENCE ROAD.
Pursuant to the Provisions of the General Laws of the Commonwealth
of Massachusetts, Chapter 40A, Section 15, notice is hereby given
that a decision of the Planning Board of the City of Northampton
was filed in the Office of the City Clerk
On: APR 2 71990
GRANTING the requested Special Permit
For Property Located AT 1196 Florence Road.
If you wish to appeal this action, your appeal must be filed in
Superior Court within 20 days of the date this decision was filed
in the Office of the Northampton City Clerk.
ce /te
et4
Dr/,(Jo eph Beaure4ard, Chairman
City of Northampton, Massachusetts 0 ' pr0�
Office of Planning and Development #
City Hall • 210 Main Street �� •�/ 1.4141
ev' ' ,fig.,
Northampton, MA 01060 • (413) 586-6950 � ��,,.; �,i� /,!;1 4
• Community and Economic Development x ��� ,�� `
• Conservation • Historic Preservation �� ��1,i;
• Planning Board •Zoning Board of Appeals r Qati►!' ``c.
• Northampton Parking Commission
DATE: APR 2 71990
CERTIFICATE OF GRANTING OF SPECIAL PERMIT
(General Laws, Chapter 40A, Section 11)
THE PLANNING BOARD OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT
SPECIAL PERMIT HAVE BEEN GRANTED:
TO: G. FRANCIS OSBORN
ADDRESS: 1196 FLORENCE ROAD
CITY: NORTHAMPTON, MA 01060
AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR
BUILDINGS AT: 1196 FLORENCE ROAD.
And the said Planning Board further certifies that the decision
attached hereto is a true and correct copy of its decision granting
said Special Permit, and that copies of said decision, and all
plans referred to in the decision, have been filed with the City
Clerk.
The Planning Board also calls to the attention of the owner or
applicant that General Laws, Chapter 40A, Section 11 (last
paragraph) provides that no variance or 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 in
the Office of the City Clerk and no appeal has been filed or that,
if such appeal has been filed, that it has been dismissed or
denied, is recorded in the Registry of Deeds for the county and
district in which the land is located and indexed in the grantor
index 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.
PLANNING BOARD OF THE CITY OF NORTHAMPTON
X-4/-YO1>
By: /1e . //,,ediC� � ,u By:
Chair` Secretary
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