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23A-040 (8) Pfa,ri ng Decision City crf icroarn tc =8saring No.: PLY-2011-0056 Gate: June 28, 2011 r. —ter Ty, Francis Johnson votes to Errant MO i IDN MADE BY 1 SECONDED BY tVD OUN : f DELI IOh4 G_Oin Bruce tuMarilyn Richards MINUTES OF MEETING: A vEilabte in the Cif , Planrinj Development, !, Carolyn lifisch, as agent to the Planning Lord, cerihy th t this is a true EiTTCI : c"ro.r deeision Made e b.< th c'iannino cuar ` aid certir that o copy of this and all plans have been flied with the Board ar.d the Ciry, Cier an hc- date _,own above. certify that . a copy of this decision has boon malied to the CStr✓rer Ehti / y, n ...v„-. i A ( 1 ` j(rtA` �A / V t & r' ' lotf . ce ar,.p;.�at .t7 a^,C7t3aa1 from the decision of the Piaiorong Board may be made by any person aggrieved pursna of fo I IOL ChapL 40. 77Ece c. n 17 as amended wfthiii ., no, (2 0) ;ray's after the date of the Ming of the notice of the ciecision with the City The date is listed stoic. S. C;' appeal may be Trade to _, H2.,/r,rosn Superior Court With a ce:irr_ 0 cep' of Lae 0-c_ : s 0 0 2i the Men„ cf t C,7 i /3ton. 1 � 2 J n 2 L � I r July 19 2011 1, Wendy Mazza, City Clerk of the City of NOrtharuptoi1, hereby certify that the above Decision of the Northampton Planning Board was filed in the Office of the City on June 28, 2011, that twenty days have elapsed since such :riling and that appeal has been filed in this :latter. Attest ° L t f;�✓ _wiry a erk City of Northampton a r rtiS© 27111 Des Laurier__ Municipal Solutions, no, gyp k'r. T. HAMPSHIRE, . U D'31 < c►��' GISTEE MARIANNE L. DONOHUE 0 - . . , , • . . . . . . 'Pi - Decision City of Nort.harcipton 011111111 1 11 01 III MHO Hearing No: PLN-2011-0956 Date: June 28, 2011 2011 00014392 Bk: 10603Pg: 257 Page: 1 of 2 Ar TYPE: 1 SUBMISSION DATE: ' 15061 rae, Recorded: 07/20/2011 12:14 PM L_Amendment to Permit f 5/12'12011 _.. A:73. p i c nt.'s N a Me: OW n e r‘ s ,,!ame: RECEIVED NAlvIE: JOE 17 ------1 1 SEA V1/11\1K L TO 1 SEA WINK LTD/David Te-oce i ! ADDRESS: L I 7 al ADDRESS,: c/o Etheredge & ,Steuer 168 Industrial Sui 3 64 Gothic,- St DEPT. OF BUILDING I i i\ o w : THAmpToi, STATE: t ZIP CODE ' MA _i 01060 1 . 1 Drrve, te TOWN: STAIE: I ZIP C'ODE: NOR THATVIPTO - • NORTHAMPT* PHONE NO.: FA,X NO. 1 : i NE PHO NO.: 1 FAX NO 1 1 1 1 1 ----------- _ _ -__,-----.-_— EMAIL ADDRESS: EMAIL ADDRE-_SS. 1 1 1 D e flforrnatcln: 'Su TV GVC.T'E ._______ ; STREET NO: 1 HIE ZON111p; CO1 MANI:: ■ 1 52 MAPLE ST 1 GE wi goy T OTTN: AC LON TAMEN: ADDRESS: 1 FLOREN CE NIA 01062 Approved MAP: I BLOCK: LOT: r MAP DATE 1 SESCTION OF BYLAW: j 1 23A 1 040 - 001 C/frot. 350- 11: Site Plan Approval TUY STATE: !ZIP CODE: — ' Book !Page: 1 PHON_00___,---.4 , NO. E .: 1 FAX NO: 1 1 EMAIL ADDRESS: NATURE OF PROPOSED WORK: Amendment of original permit granted ia 2006 for the construction of 2 seconfor floor apartment Ltnits &1st floor oommarcial space. Amendment is fOr 1. 'anti:10 plan only. MARDSHP: 000 OF APPRO'IAL FIN O1NGS: floor: - ef.iietif of the revised pfentinu pion submitted: 1, 52 Maple Street Plentino Plan Sheet 5/1.0 080 William A, 5/Cc B LEMISC.FpB Archlteet detect' 5/0/2011 aed revised 0h012011. 7 Planning 08oerd et the amendment to the tariQfinal 2006 Site aion for plefnlofz ct The plan:Eng plan approval was made consistent with the 2010 ZF224 decision for planting emendffient. Ail other conditions not related to plantings of the previous pm[/ re-1772117 fil effect. COULD NOT DEROGATE BECAUSE: 1 r1LING DEADLLIE: 14A1LINS DATE: 1HE ' , .C./ 1`: ii DR 1 DRAFT:11V. jAPOBA DATE: 1 — 1 L L. ! 6/2/2011 6/20/201 ....._, I REFERRAL S IN DATE: 11EARING DEADLINE DATE: 1HE_PRING CLOSE DATE: FINAI SiG1 BY: 1.kPPEAL DEA:DUNE: 5/26/2011 1 2 , ffvf)eiArvi ,) f - f — ! 7,7/20ft fi 1 7/15/20fil 1 IFIRsi ADVERTISING DATE 11 DATE: NOTING DATE: (DEDiEON DATE: -1 1 i 1 1 H126/2011 1 6/912011 I 6123/20 1 6/2312011 --1 L.- , , . _ SE-C,'01 ADVERT;SING DATE" TIME: NOTING DEADLINE: . - _ 1DE,1SIL1N DE,DLINE: 6/2/2011 I 0/21/255/ 1 7/7/2011 AMBERS PRESENT: VOTE: A r7CirVell t votes to inf eliE,ffible to 'Vote riohin 8r votes to Of Marilyn Rio 17 : .7 r d S V 0 le S. to Gs Katharine G. Baker , iotes to Meliothie to Vote 35/05/1, Gilson votes to C.:1":_if7L` ififark Sullivan VOtE1S B.11 Gra/21 GOOIMS® ?Gil Des Lauri Niiunc, Sefutfen.s, [tic. Bk: 09509 Pg: 230 assertion that the site plan does not show sufficient space for storage of plowed snow to satisfy Section 8.9.2 of the Ordinance; the assertion that there is a lack of sidewalk between the proposed structure and the existing structure in violation of Section 11.6.B of the Ordinance; the assertion that the proposed location of the driveway shown on the site plan violates Section 8.9.6 . of the Ordinance; and the assertion that the site plan does not depict a sufficient number of off- street parking spaces to satisfy Section 8.1 of the Ordinance. It is further ORDERED and ADJUDGED that as to the plaintiff's G. L. c. 4OA., § 17 appeal in , Miscellaneous Case No. 328392, the Planning Board, in its decision filed with the Clerk of the City of Northampton on August 11, 2006, correctly denied relief and upheld the Building Commissioner's decision declining to issue a building permit. It is further ORDERED and ADJUDGED that this Judgment, or a duplicate original or certified copy of it, be docketed and entered in Hampshire Superior Court Case No. FTSCV2O06- 00120, to constitute the Judgment of the Superior Court Department in that case. c 0 2 p i5 r f c By the Court. (Piper, J.) MAY 3 0 2008 • CITY CLERKS LERKS OFFICE J NORTHAMPTON, MA 01060 Attest: 1 c 00 —x- n 1 17 -ZS c )(-1 Deborah J. Patterson Recorder Dated: April 7, 2008. A true copy Attest Cit Clerk 5 ATTEST: BAMPalERB,, Thi 'f' rREGIST$R MARIANNE L. DONOHUE Bk: 09509 Pg: 229 further ORDERED and ADJUDGED that as to the plaintiff's complaint in Miscellaneous Case No. 303535, the count seeking judicial review under G. L. c. 40A, § 17, is DISMISSED. It is further ORDERED, ADJUDGED and DECLARED that as to the plaintiffs complaint in Miscellaneous Case No. 303535, that count which seeks declaratory relief under G. L. c. 240, § 14A, Section 6.5 Of the Ordinance is rieittier invalid nor uneon§titutioiial. It is further ORDERED and ADJUDGED that plaintiffs' complaint in Hampshire Superior Court Case No. HSCV2006 -00120 is DISMISSED. It is further ORDERED and ADJUDGED that as to the plaintiffs' complaint in Miscellaneous Case No. 327327, as amended in accordance with the Court's ruling on December 15, 2006 to allow one new claim asserting the right to judicial review of the Planning Board's remand decision, those counts seeking judicial review under G. L. c. 40A, § 17, are DISMISSED. It is further • ORDERED, ADJUDGED and DECLARED that as to the plaintiffs' complaint in Miscellaneous Case No. 327327, those counts which seek declaratory relief, the site plan last submitted to the Planning Board, and upon which the Planning Board favorably voted in its decision filed with the Clerk of the City of Northampton on November 7, 2006, was not required to be disapproved upon the basis of the following grounds advanced by the plaintiffs: the assertions that the exit discharge from the rear of the proposed structure does not comply with 780 C.M.R. 1002.1 and that the location of such an exit discharge is within the thirty -foot buffer in violation of Section 6.5 of the Ordinance; the assertion that the proposed snow storage and removal area located within the thirty-foot buffer violates Section 6.5 of the Ordinance; the 4 Bk: 09509 Pg: 228 ) SEAWINK, LTD., ) ) Plaintiff, , ) MISCELLANEOUS ) CASE NO. 328392 (GHP) v. ) ) SARA NORTHRUP, DAVID BLOOMBERG, ) BOB RIDDLE, and ELIZABETH WROBLICKA, ) as they are members of the City of ) NORTHAMPTON ZONING BOARD OF ) APPEALS, ) . ) Defendants. ) ) JUDGMENT These five related cases came on to be tried to the court (Piper, J.), which, in a decision of even date, has made findings of fact and rulings of law. In accordance with that decision, it is ORDERED and ADJUDGED that as to so much of the plaintiff's complaint in Miscellaneous Case No. 299010 that seeks judicial review under G. L. c. 40A, § 17 of those aspects of Planning Board's May 5, 2004 decision denying a special permit and site plan review for a reduction in the width ofthe buffer under Section 6.5 of the Zoning Ordinance ( "Ordinance ") of the City of Northampton ("City"), the Planning Board's May 5, 2004 decision is not arbitrary, capricious, contrary to law, or otherwise lawfully entitled to be modified or annulled, and is therefore upheld. It is further ORDERED and ADJUDGED that as to so much of the plaintiff's complaint in Miscellaneous Case No. 299010 that seeks judicial review under G. L. c. 40A, § 17 of that aspect ofthe Planning Board's May 5, 2004 decision denying approval of Seawink, Ltd.'s ( "Seawink ") site plan, the count seeking judicial review under G. L. c. 40A, § 17, is DISMISSED. It is 3 • Bk: 09509 Pg: 227 .r ) LORETTA QOUGEON, ) Plaintiff, ' ) HAMPSHIRE SUPERIOR COURT ) CASE NO. HSCV2006- 0010 v .. ) ) OTHER COURT City of NORTHAMPTON PLANNING BOARD, ) CASE NO. 06 OTCT 000120 (GHP) GEORGE RUSSELL, FRANCES VOLKMAN, ) JENNIFER DIERINGER, PAUL VOSS, ) FRANCIS JOHNSON, GEORGE KOHOUT, ) KEITH WILSON, and.KENNETH JODRIE, as ) they are members of the City of NORTHAMPTON ) PLANNING BOARD, HUNTLEY ASSOCIATES, ) INC., SEAWINK, LTD., ) ) Defendants. ) ) ) LORETTA 'GOUGEON, MARK BIRD, and ) FRED WELLMAN, ) Plaintiffs, ) MISCELLANEOUS ) CASE NO. 327327 (GHP) v. ) ) SEAWINK, LTD., and SARA NORTHRUP, ) DAVID BLOOMBERG, MALCOM B.E. SMITH, ) BOB RIDDLE, and ELIZABETH WROBLICKA, ) as they are members of City of NORTHAMPTON ) ZONING BOARD OF APPEALS, City of • ) NORTHAMPTON ZONING BOARD OF ) APPEALS, ) ) Defendants. ) yy i • Cir ya ...''` Bk: 09509 Pg: 226 11 • • • COMMONWEALTH OF MASSACHUSE E . E c i l5 LAND COURT MAY 3 0 2008 11 DEPARTMENT OE THE TRIAL COURT HAMPSHIRE, ss. CITY CLERKS OFFICE N ORTHAMPTON, MA 01060 ) SEAWINK, LTD., ) ) Plaintiff, • ) MISCELLANEOUS ) CASE NO. 299010 (GHP) v. ) ) PAUL VOSS, FRANDY JOHNSON, DAVID ) W LLENSKY, GEORGE KOHOUT, KEITH ) WILSON, PAUL DIEMAND, WILLIAM ) LETENDRE, and KENNETH JODRIE, as they are ) members of the City of NORTHAMPTON ) PLANNING BOARD, the NORTHAMPTON ) PLANNING BOARD, and the City of ) NORTHAMPTON, ) ) Defendants. ) ) ) SEAWINK, LTD., ) ) Plaintiff, ) MISCELLANEOUS ) CASE NO. 303535 (GHP) v. ) ) SARA NORTHRUP, DAVID BLOOMBERG, ) and BOB RIDDLE, as they are Members of the ) City of NORTHAMPTON ZONING BOARD OF ) APPEALS, LORETTA GOUGEON, City of ) .t HERESY ATTESTANCi CERTIFY NORTHAMPTON ZONING BOARD OF )� 11; 3 RK/ APPEALS, ) _ ) Arir..-serixastaigerfa YLEGA . CUSTOM Defendants. ) • • ( , r n ) G— m l- /1, Bk: 09509 Pg: 225 Planning Board - Decision City of Northampton Hearing No.: PLN- 2007 -0024 Date: November7, 2006 changes were required by the Building Commissioner that substantially and materially changed the site plan, the applicant would be responsible for coming back to the Board. COULD NOT DEROGATE BECAUSE: FILING DEADLINE MAILING DATE HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE 10/12../2006 1 0/26/2006 11/2/2006 REFERRALS IN DATE HEARING DEADUNE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 10/19/2006 12/20/2006 . 11/2/2006 11/1612006 11/27/2006 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE DECISION DATE 10/19/2006 11/2/2006 11/2/2006 11/7/2006 SECOND ADVERTISING DATE HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 1026/2006 _ 7:00 PM h 11/2/2006 11/16/2006 MEMBERS PRESENT: VOTE: George Russell votes to Grant --� Frances Volkmann votes to Grant (ILI/ �`1 tC 1 7 Jennifer Dieringer votes to Grant ••., Francis Johnson votes to Grant N� V — 20�6 t-✓ �.;,... f Kelth Wilson votes to Grant +;; ; `± Kenneth Jodde votes to Grant # 'A �J �J60 MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: Kenneth Jodrie Keith Wilson 1 6 l Approved with Conditions l MINUTES OF MEETING: Available In the Otflce of Planning 8 Development. 1, 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 November 7, 2006. ! certify fhaf��' his decision t. 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, Secti on 17 a 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 Cleric of the Clty o f Northampton. • May 30, 200 I, Wendy Mazza, 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 on November 7, 2006, that a Complaint was filed with the Land Court,(Case No. HSCV2006 -120 and Case No. 327327) and received in the City Clerk's Office on November 27, 2006, that a Land Court judgement to dismiss was filed in the City Cler 's Office on May 30, 2008. Attest: • City Clerk- City of Northampton GeoTMS® 2006 Des Laurlers Municipal Solutions, Inc. Bk: 09509 Pg: 224 r . Planning Board - Decision City of Northampton Hearing No.: PLN - 2007 - 0024 „ Date: November 7, 2006 APPLICATION TYPE: SUBMISSION DATE: Amendment to Permit I 10/16/2006 t" ti 1 ` — 20flu 1 Applicant's Name: Owner's Name:_ r i �;;? urveyor's Name: NAME: NAME: (`�'�' — --- COMPANY NAME: HUNTLEYASSOCiATES, PC SEAWINK LTD ADDRESS: ADDRESS: ADDRESS: 30 industrial Drive TOWN: STATE: I ZIP CODE: TOWN: STATE I ZIP CODE: TOWN: STATE: ZIP CODE NORTHAMPTON , MA 01060 NORTHAMPTON MA 01060 I PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: EMAIL ADDRESS: �I i Il i` it 1 10, • 0 ,1 .y Site Information: Bk: 95O9Pg: 224 Page: 1 of 7 STREET NO.: SITE ZONING: Recorded: 06/10/2008 08:41 AM_ . 52 MAPLE ST GB _ _ TOWN: SECTION OF BYLAW: NORTHAMPTON MA 01060 Section 11: Site Plan Approval MAP: BLOCK: LOT: MAP DATE: ACTION TAKEN: 23A 1 040 1 001 I Approved With Conditions Book: Pape: 2882 177 NATURE OF PROPOSED WORK: Court ordered remand of Site Pian for Board consideration of fire access only. Land Court case numbers: 327327 & 328392 HARDSHIP: CONDITION OF APPROVAL: 1) The Board reaffirmed the site plan approval with the condition that the fire access be expanded from FINDINGS: 5' to 8' as shown in the Progress Prints distributed 11/2/06 and dated 11/2./06. The Board reaffirmed its site plan approval decision issued May 12, 2006 with one modification based on testimony and information submitted at the hearing including testimony from the Fire Chief and Deputy Fire Chief. The Planning Board found: 1. The Fire Department would require an 8' entry access which is 3' wider than what was shown on the original plan. 2. The Fire Department only has jurisdiction to determine requirements for fire access at the front of the Building. 3. The Fire Department would likely pursue designation of a fire lane under separate Jurisdiction after the project is completed. The Department has determined that there is sufficient room alongside the building at the front of the lot. 4. The Building Commissioner, not the Fire Department has jurisdiction through the Building Code to interpret the requirements for a rear egress. 5. The remand order from the Court stipulated that fire access and the Fire Department's concerns were the sole Issue to be addressed by the Board. 6. Widening the fire access from 5' to 8' would require shifting the parking spaces #17 and #18 three feet to the north, reducing the separation between the lot and the property boundary and thus reducing the size of the area that had been allocated for a small amount of snow storage. 7. The Board inquired about and discussed snow storage as it related to the three foot shift in parking and acknowledged that private property owners are responsible for removal of snow for snow build -up beyond site capacity. Though evidence was presented about the Building Code requirements for the rear of the building by both staff and by appellant's counsel, the Board ultimately determined that was not part of the remand order. This information included a statement by staff that the Building Commissioner would require a 4' landing outside the rear egress which would open into the 15' wide grassed yard portion of the 33' wide buffer (as shown on the original layout and planting plan) at the rear of the building. Such a requirement for egress is within the • Building Commissioner's Jurisdiction and is made without consultation with the Planning Board. The Board also discussed the separation of jurisdiction between the Board and the Building Commissioner and acknowledged that If GeoTMS® 2006 Des I_auriers Municipal Solutions, Inc. _- • l :. ) 1 Etheredge & Steuer, P.C. '� � i 2UI� Ethe ATTORNEYS AT LAW g 3 4' �� 64 GOTHIC STREET DEPT. OF O N TON, MA 0106 0106 :M 01060 0NS NORTT HAAMP NORTHAMPTON, MASSACHUSETTS 01060 EDWARD D. ETHEREDGE (413) 584 -1600 FAX (413) 585 -8406 SHELLEY STEUER" ed@noholaw.com ss@noholaw.com WHEATLY R. GULMI- LANDY• wheatly@noholaw.com Also Admitted in New York 'Also Admitted in California July 21, 2011 Louis Hasbrouck, Building Commissioner City of Northampton 210 Main Street Northampton, MA 01060 RE: 52 Maple Street, Florence, Massachusetts Seawink Ltd Dear Mr. Hasbrouck, I enclose a copy of the Amendment to the Site Plan Approved Decision recorded in Book 9509 Page 224. The Amendment was recorded on July 20, 2011 in book 10603 Page 257. The buffer planting will be done in late September or early October according to the Landscape Contractor. He is contracted to complete the work by October 18, 2011. Very truly yours, ads r E dward D. Etheredge EDE /dmo cc: Carolyn Misch, Senior Planner client