44-058 (5) (de /
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DECISION OF 18
NORTHAMPTON PLANNING BOARD
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DEPT OF BUILDING INSPECTIONS
( NORTHAMPTON MA 01060
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
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
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.
The requested use will not create undue traffic
congestion 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
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.
The following conditions shall apply:
1. The plan being approved is the one entitled,
"Plan of Land of Northampton, Massachusetts prepared
for G. Francis Osborn by Almer Huntley, Jr. and
Associates, Inc. dated June 29, 1989, revised to show
building envelope, and signed by Douglas W. Thompson,
Professional Land Surveyor. (Revised Nov. 28, 1989)
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 all of the homes
utilizing the 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.
NORTHAMPTON PLANNING BOARD DECISION
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
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
project engineer that the driveway was constructed
in accordance with the plans approved by this Special
Permit.
Nancy P. D eau, Chair .
— .
Andrew Crystal ! Dr. Josef Arno/uld
./ '/4_1.14 (--LS
Sr. 'J eph Beaureg Judith Hale
,dames Holeva `" ` Marion Mendelson
i
Nc;t•;a:na:x.
'-:crt:_amntcn Rlanni .o 2oard
Nancy Duseau, Chairperson
Re: F1aglot Application, 1196 Florence road, Northampton
Dear Chair Person:
Following the last meeting of the planning board a confetence with
:r. Andrikidis indicates these requirements for building the driveway
extension at I196 Florence Road.
I. Ray-bales and siltation fencing to be used for erosion contrcl
during construction.
• 2. Such roads must be blacktop if grade is over p!.
3. Gravel, crushed stone, needed as a base before the blacktop°
4. Swale pits 2feet by 6 feet and 6 inches deep , filled with rip-rap
stone and placed at intervals along side of road, to slow down any
run off.
5. Road should be crowned i±.ch per foot to divert water to sides.
In addition to the r.:,ove Mr. Andrikidis believes the run off from the
driveway will be intercepted by the existing svrale which runs on the south
side of the proposed driveway extension. Therefore so additional water will
enter Florence Road.
Respectfully yours,
G. Francis Osborn D.'....D.
//4--r / 7 4`( .
6. Building materials for road:
8 inch bank-run gravel, 4 inch processed gravel for road pavement,
1 inch base black-top and 1 inch fine black-top.
To p
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To whom it may concern:
Erosion control for the purposes of a driveway will be carried out in accordance
with Department of Public Works specifications for mulching, seeding and place-
ment of hay bales, Section 767, (attached), and the attached drawing entitled
"Standard Erosion Mitigation Details as Applicable".
Generally a haybale siltation barrier(s) will be staked out prior to construction
at the downstream end of the site, in an area where it will intercept all runoff
from disturbed areas before it reaches the gutter line or storm drain. Areas
which will not be paved will be loamed and seeded as soon as is possible, or mulched
if seeding is more than 2 weeks away. All loamed and seeded slopes exceeding 5%
will also be mulched.
Havbale siltation barriers shall be maintained until all pavement is complete and
groundcover is established.
14/r1� ! !mot
ALMER HUNTLEY, JR., & ASSOCIATES, INC.
SURVEYORS - ENGINEERS - LANDSCAPE ARCHITECTS
Northampton Planning Board
November 30, 1989 Meeting
Page One
The Northampton Planning Board met on Thursday, November 30, 1989
at 7: 00 p. m. in Council Chambers, Wallace J. Puchalski Municipal
Building, 212 Main Street, Northampton. Present were Ch. N.
Duseau, M. Mendelson, J. Hale, A. Crystal, J. Arnould, J.
Beauregard (7 : 15) , J. Holeva (7:20) and L. Smith, Senior Planner.
MINUTES: Mrs. Hale pointed out that Dr. Arnould is recorded as
seconding his own motion (p. 11) , and Mrs. Mendelson pointed out
that the words, "be deleted, " be added to Mr. Holeva 's motion on
Page 12 . Mrs. Hale moved the minutes of the November 9, 1989
meeting be approved without reading. Mrs. Mendelson seconded, and
the motion passed unanimously.
At 8 : 45 p. m. , the Public Hearing on the Flag Lot Application of
G. Francis Osborn was continued. Atty. Mark Nejame appeared for
the Applicant. He informed the Board that the Zoning Board had
granted the Variance required for the grade in excess of seven
percent. He presented the Board with all the information they
asked for at the original Public Hearing, i. e. , drainage swales,
proposed building envelope, water pressure, etc. He presented
letters from the Easthampton DPW and the Northampton Water
Department, and gave the Board a cross-section of the driveway.
Ch. Duseau read a letter from direct abutter George Gadomsky, and
suggested that the Applicant get a drainage easement from him.
Atty. Nejame asked for a vote on the flag lot without insisting on
the easement. Mrs. Hale asked about a driveway maintenance
agreement, and Mr. Nejame told her there would be a driveway
easement agreement. There was a lengthy discussion on the subject
of drainage, and Mr. Andrikidis said, "The City will not accept any
more runoff to Florence Road. "
Dr. Beauregard moved the Public Hearing be closed, Mrs. Hale
seconded, and the motion passed unanimously. Dr. Beauregard pushed
for a drainage easement on the Gadomsky property, and then moved
that the Special Permit be granted, based on the plans dated June
29, 1989, conditioned on the drainage easement. He went through
the Section 10. 10 criteria and found that they had all been met.
The Decision should cite the plan, the driveway cross-section, the
letter on Huntley' s stationery signed by Dr. Osborn, and the
standard common driveway conditions. Mrs. Hale seconded Dr.
Beauregard's motion, and it passed unanimously.
Nancy P. Duse ,l Chair
City of Northampton, Massachusetts 04?-•— O�
Office of Planning and Development #
City Hall • 210 Main Street t .y %
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Northampton, MA 01060 • (413) 586.6950 ,'% ""•• #
• Community and Economic Development * � / %.1 la {`
• Conservation• Historic Preservation �iE•� lnw
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• Planning Board.Zoning Board of Appeals ,.
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Date : December 18 , 1989
RE: THE APPLICATION OF G. FRANCIS OSBORN FOR A FLAG LOT AND COMON
DRIVEWAY AT PROPERTY LOCATED AT 1196 FLORENCE ROAD, NORTHAMPTON.
•
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: December 18 , 1989
GRANTING the requested Special Permit
For Property Located at: 1196 Florence Road, Northampton, MA
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.
, /, �.
r
Nancy P. Duseau, Chair
City of Northampton, Massachusetts
04I�pTO
Office of Planning and Development /e A '
City Hall • 210 Main Street µ �'y li-
Northampton, MA 01060 •(413) 586-6950 3 gT* ;- t #
• Community and Economic Development
• Conservation• Historic Preservation TIN:.
• Planning Board• Zoning Board of Appeals
DATE:
CERTIFICATE OF GRANTING OF SPECIAL PERMIT
(General Laws, Chapter 40A, Section 11 )
THE PLANNING BOARD OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT
A SPECIAL PERMIT HAS BEEN GRANTED:
TO: G. FRANCIS OSBORN
ADDRESS: 1196 FLORENCE ROAD
CITY: NORTHAMPTON, MA
AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR
BUILDINGS AT: 1196 FLORENCE ROAD, NORTHAMPTON, MA
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
A-/9 ,
Chair �/ Secretary