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29-488 sea* I! Decision - Planning Board j I' "Sawmill Hills" Cluster Development Page 2 February 13, 1986 2. The requested use does not bear a positive relationship to the public convenience or welfare. 3. The requested use will not create undue traffic congestion or unduly impair pedestrian safety. 4. The request use will overload public water, citing the impact on 11 water supplies as a result of this development. I, 5. All specific regulations for the use, set forth in Article XI have been fulfilled. 6. The requested use will impair the integrity or character of the district or adjoining zones, citing economic impact on the value of abutting property as a result of the development, the negative impact on already overcrowded schools, and the lack of information describing a cumulative overview of other recent developments in conjunction with this project. Those members voting in favor of the development, also ruled that this Special Permit is subject to the provisions and conditions of the Planning Board's approval of the Definitive Subdivision Plan, entitled "Sawmill Hills Cluster Residential Development", filed with the City Clerk on10/18/85 and approved by the Planning Board on 2/13/86. 1,a- at Y+, NJ i Those Board members who were in attendance at the 11/14/85 Public Hearing. i i �1 � I� i i i I DECISION OF NORTHAMPTON PLANNING BOARD At a meeting held on February 13, 1986, the Planning Board of the City of Northampton, by a vote of six in favor and one_on_p_osed, ruled on the qpeical Permit request of James F. and Patricia A. Boyle, 266 West Farms Road, Northampton for the purpose of establishing a Cluster Residential Development to be entitled "Sawmill Hills", which will include 43 residential units on 33 lots on property located on the north side of Ryan Road, Northampton and containing new roadways to be entitled "Tara Circle", "Gregory Lane" and "Matthew Drive". Public hearing for this application was held on November 14, 1985. Based upon evidence presented to the Board at said Public Hearing, and after due deliberation, Planning Board members-;Marion Mendelson, George Andrikidis,*Robert August,*Stephen Jasinski,*Nancy Duseau and -'Diane Bridgman issued the following findings in accordance with Section 10.10 of the Northampton Zoning Ordinance: 1. The requested use is listed in the Table of Use Regulations of the Northampton Zoning Ordinance as allowed by Special Permit in the district for which application is made. 2. The requested use bears a positive relationship to the public convenience or welfare by increasing the number and quality of the City' s housing stock. 3. The requested use (proposed 43 residential units) will not create undue traffic congestion or unduly impair pedestrian safety, noting the inclusion of one sidewalk in the proposed development. 4. The requested use will not overload any public water, drainage or sewer system to such an extent that the requested or any developed use in the immediate area or in any other area of the City will be unduly subjected to hazards affecting health, safety or the general welfare. 5. All specific regulations for the use, set forth in Article XI have been j fulfilled. 6. The requested use will not impair the integrity or character of the j district or adjoining zones, nor is it detrimental to the health, morals or general welfare. The use is in harmony with the general purpose and intent of the Ordinance. The proposed development will 1 t; make use of the Cluster Provision in the Northampton Zoning Ordinance, �! in that it will reduce individual lot sizes to reduce the expense and maintenance of the infrastructures (i.e. , streets, storm sewer, water I I lines and sanitary sewer), as well as preserving open space. In addition, the Planning Board members listed above attached the following conditions to this Special Permit: 1. Lots #4, 5, 13, 14, 21, 30, 31 and 32 will contain two-family dwellings; lot #33 will contain a three-family dwelling; and 0 the remainder will contain single-family dwellings. 2. Lots surrounding the cul-de-sac will share a common curb cut. Planning Board member*John Herlihy, voting in opposition, found that: 1. The requested use is listed in the Table of Use Regulations of the Northampton Zoning Ordinance as allowed by Special Permit in the j district for which application is made. . .2 I I CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Patrick Gleason, City Solicitor F F �a r FRO M. Lawrence B. Smith, Senior Planner, on behalf of the Northampton Planning Board i P SUBJECT: Sawmill Hills Special Permit/Subdivision Decisions DATE: February 18, 1986 FILE: At their meeting on February 13, 1986 the Northampton Planning Board rendered their decisions on the Special Permit (Cluster) and Subdivision Applications for the Sawmill Hills development of James and Patricia Boyle.(attached please find a copy of the Decision) . The Planning Board is made up of nine members. As you can see, the Board voted six (6) in favor and one (1) opposed to the granting of the Special Permit. However, of those six that voted in favor of the Permit, only five (5) were in attendance at the Public Hearing. It takes a two-thirds vote of the Planning Board to grant a Special Permit. The Planning Board would like your opinion as to whether their vote actually granted the Permit as one of the six members that voted in favor of the Permit was not at the Public Hearing. In other words, does the vote of a Board Member who was not in attendance at the Public Hearing count. I have attached a copy of a Land Use Manager published by the state Office of Communities and Development which offers some thoughts on the subject. In addition, the Planning Board voted 5-0-2 to grant Mr. Boyle's application for a Definitive Subdivision Plan (only a majority vote of the Board is required) . Of the five that voted in favor of the Subdivision Plan, one was not in attendance at the Public Hearing. The Planning Board would like your opinion as to whether their vote actually granted the subdivision plan as one of the five members that voted in favor was not at the Public Hearing. In other words, with reagard to subdivision approval, does the vote of a member not in attendance at the Public Hearing count. In addition, does a majority vote mean a majority must vote in the affirmative of the total nine member Board, or just a majoirty of those in attendance at the meeting at which the vote is taken. One additional point that the Board would like your opinion on is that Chapter 40A, Section 9 states that "Special permit granting authorities shall act within ninety days following a public hearing. . .". Mr. Boyle requested, and the Planning Board approved, an extension request of the deadline date to February 13, 1986. The Planning Board renderd their Decision on the Application on Februrary 13, 1986, the date that Mr. Boyle's deadline was extended to. The Board' s actual decision was filed with the City Clerk on February 21, 1986. Mr. Boyle's attorney has now filed a request with the City Clerk (a copy of which I have attached) stating that the Permit has been granted by default as the Decision was not filed on February 13, 1986. The Board would like to know exactly what is meant by "The Board shall act. . .". Is it the day that they vote on their decision, or the daty that their decision is filed with the City Clerk. I will point out Section 15 of Chapter 40A seems to implythat the ZBA has fourteen days to file their decision after rendering it. I would assume that this would also apply to Special Permit issued by the Planning Board. I would be happy to site down with you to discuss all of these points at your on Pg. 15 M WAIVERS Applicant requests that the Northampton Planning Board waive strict compliance w with the following requirements of the Subdivision Rules and Regulations. 1. That the Planning Board accepts a 3" total depth of bituminous paving material in lieu of the required 5+". 2. That the Planning Board accepts the proposal without sidewalks, except on one side as shown on plan. 3. That the Planning Board accepts the length of the dead-end-street as proposed. 4. That the Planning Board accepts a reduction in the frontage distance to 80% of the usual distance for those lots on the cul-de-sac. 5. That the Planning Board accepts the following width of pavement between berms on the proposed streets. Tara Circle 24' wide Gregory Lane 24' wide Matthew Drive 28' wide 6. That the Planning Board accepts topography only on the areas to be "" built upon. 7. That the Planning Board accepts profile on the proposed streets at a horizontal scale of 1" = 40' and a vertical scale of 1" = 4' . 8. That the Planning Board accepts a typical cross-section of the proposed street. 9. That the Planning Board accepts drainage calculations prepared in accordance with the U.S. Department of Agriculture, Modified Soil Cover Complex Method (publication TR 55). OM OR as go Pg. 14 WA SITE DATA SHEET ON A. Total Area of Project 48.3 Acres B. Total Area to be Developed 18 Acres + ON C. Total Area of Open Space 30.3 Acres + �w D. Total Number of Lots 67 Lots E. Total Number of Dwelling Units 85 Units Comparison of Ordinance Requirements with Proposed Plan for Cluster Development in the URA Zoning District. ITEM REQUIRED PROPOSED Total Area 12 Acre Minimum 48.3 Acres + Open Space 10% Minimum 30.3 Acres + oft Dwelling Units Permitted 94 Units 85 Units Gross Density 31,532 S.F./D.U. 51 Single Family Lots 5,000 S.F. 5,000 S.F. or Greater 14 Two Family Lots 10,000 S.F. 10,000 S.F. or Greater 2 Three Family Lots 15,000 S.F. 15,000 S.F. or Greater ALMER HUNTLEY, JR., & ASSOCIATES, INC. SURVEYORS - ENGINEERS - LANDSCAPE ARCHITECTS am Pg. 13 we Section 11.4 Cluster Residential Development. The following outline is in response to the Rules & Regulations of this Ordinance. Section 11.4 - (1) a thru f. Drawing as submitted yes (2) Formal submission of Definitive Subdivision plans. (3) In conformance with Requirements, See Data Sheet. ** (4) In conformance with Requirements, See Data Sheet. (5) In conformance with Requirements, See Data Sheet. (6) In conformance with Comprehensive Plan & Neighborhood Use & Density Patterns. (7) In conformance with Requirements. w. (8) In conformance with Requirements. (9) Common land shall be owned by a homeowners association ON to be established by developers and approved by the City Solicitor. wee on Pg. 12 40 an M City of Northampton Office of City Clerk City Hall an Main Street Northampton, MA 01060 Re: Notice of Submission of d0 Definitive Subdivision Plan I hereby acknowledge receipt of Form C & Definitive Subdivision Plans for proposed "Sawmill Hills" Subdivision. �w Date of Receipt City Clerk 40 wwr .w w *�r Pg. 11 FORM C 2 of 2 NORTHAMPTON MASS. Date The following are all the mortgages and other liens or encum- brances on the whole or any part of the above described property : Property subject to mortgage to Florence Savings Bank The undersigned hereby covenants and agrees with the City of Northampton upon approval of the Definitive Plan: 1. To construct the ways and install the municipal ser- vices as finally approved by the Planning Board. 2 . To design and construct the ways and design and in- stall the municipal services in accordance with the Rules and Regulations Governing the Subdivision of Land, City of Northampton, Massachusetts , with the rules and instruction of the City Board of Health, appropriate department heads , and with the Definitive Plan and its accompanying material as finally approved by the Planning Board. 3. At the laying out and acceptance of said ways all _ municipal services within the ways will become the property of the City of Northampton at no cost to *"* said City, unless otherwise agreed upon. This agreement shall be binding upon the heirs executors , admin- istrators , successors , and assigns of the u er gned.- ` Owner of Record James F. & Patricia A. Boyle Print or type name Signrure West Farms Road, Northampton, MA l�ddress James F. Boy e and Before me appeared Patricia A. Boyle , Owner of Record, and made oath that the above statements subscribed to be him (her) are true . 1etT John J. Moriarty No ry Publ C mm. Expires : 8/15/91 Note: Complete Form "D" and Date of Submission: attach. City Clerk Signature 36 METCALr & EDDY m am _ � � _ _ j _ \ � j � ) ON � 41" ) � . ] � � � � � .� � � x1m I � j Pg. 10 1 FORM C " 1 of 2 NORTHAMPTON, ASS. /o i6 - As ++ Date APPLICATION FOR APPROVAL OF DEFINITIVE PLAN File one completed form with the Planning Board and a copy with the City Clerk in accordance with the requirements of Section 4 . 02. To the Planning Board: The undersigned herewith submits the accompanying Defini- tive Plan of property located in the City of Northampton for approval as a subdivision under the requirements of the Sub- division Control Law and the Rules and Regulations governing the Subdivision of Land of the Planning Boar the City of Northampton. 1. Applicant James F. & Patricia A. Boyle Print or type name Signature West Farms Road Northampton, MA t Address 2. Owner James F. & Patricia A. Boyle Print or type name Signat e West Farms Road, Northampton, MA Address ' 3. Engineer Almer Huntley, Jr. & Associates, Inc. 7 Print or type name Signature 125 Pleasant Street, Northampton, MA Address 4 . Surveyor Almer Huntley, Jr. & Associates, Print or type name Signa ure 125 Pleasant Street, Northampton, MA Address 5 . Deed of Property Recorded in Hampshire County Registry, 2588 202 Book 2576 Page 269 2571 347 6 . Location and Description of Property : Land off the Northerly side of Ryan Road. 35 METCALF a EDDY Pg. 9 FORM D NORTHAMPTON, MASS. Date CERTIFIED LIST OF ABUTTERS (Fill in this space with rough sketch of land described in this petition, and write against boundary lines the name and mailing . address of adjoining owners in their relative positions . Include owners of land separated from the subdivision only by a street . ) w 40 Planning Board Northampton, Massachusetts f( "' Gentlemen: li This is to certify that at the time of the last assess- ment for taxation made by the City of Northampton, the names and ( addresses of the parties assessed as adjoining owners to the L parcel of land shown above were as above written, e Date of Verif cation I Assessor Sign re 37 l METCALF 8 EDDY Pg. 8 BOARD OF ASSESSORS ASSESSORS Bernard H. O'Connell, M.A.A., Chairman $ TELEPHONE Joan C. Sarafin, M.A.A. $ 586-6950 Ext. 200 Edwin M. Padeck MUNICIPAL OFFICES 212 Main Street .. Northampton, MA 01060 October 4, 1985 To Whom It May Concern; This is to certify that the attached list of property owners is correct for FY86. J C. Sarafin A essor MW Mw A.. ...,...,„.. Pg. 7 ..�r SAWMI ILL4 -ABUTTERS LIST k OCT NAME ADDRESS SHEET # PARCEL # Frances E. Curran 213 Locust Street 28 37 Stephen Szymanski Estate 11 Bunker Hill St. c/o Anna Szymanski So. Hadley, MA 01075 28 10 Donald R. Kelley Sarah Carey 461 Ryan Road 29 490 on James C. Burkinshaw Dianne N. Burkinshaw 447 Ryan Road 29 492 e.w William C. Lamere Patricia A. Lamere 457 Ryan Road 29 491 John J. Glenowicz Louise M. Glenowicz 405 Ryan Road 29 495 Wilbert W. Dushane ,,. Dorothy M. Dushane 26 Golden Drive 29 132 William Henshaw Beth Henshaw 16 Golden Drive 29 430 Arthur J. Lyman Beaver Road Ware, MA 01082 29 429 Edna R. Moggio 78 Golden Drive 29 428 Rachel E. Keefe 87 Spruce Hill Ave. 22 11 William F. Gruber 137 Parsons Street Easthampton, MA 28 33 ■. w. am Pg. 6 r.., S L HILL - ABUTTERS LIST �r OCT N ADDRESS SHEET PARCEL # Richard 0. Bradford, Jr. Diane I. Bradford 71 Golden Drive 29 426 Paul C. Abrams Deborah Abrams Roud 63 Golden Drive 29 425 Stanley F. Osowski 39 Golden Drive 29 422 Richard J. Fungaroli Donna M. Fungaroli 23 Golden Drive 29 420 John C. L'Abbe Mary F. L'Abbe 15 Golden Drive 29 419 Nancy M. Crowley 7 Golden Drive 29 241 Michael J. Losowski Lucy P. Losowski 107 Spruce Hill Ave. 29 151 Eleanor M. Burdo 377 Ryan Road 29 125 Arthur L. Hilson Florine M. Hilson 7 Gilrain Terrace 29 67 Donald J. Superba W Alice J. Superba 358 Ryan Road 29 68 Henry M. Bilsza 372 Ryan Road 29 69 an Peter D. Bauver Janice C. Bauver 97 Ryan Road 22D 9 Stephen E. Ferrari Esther D. Ralston 103 Ryan Road 22D 10 Erna C. Denzlein 91 Ryan Road 22D 8 Stephen W. Vinelli 5 Water Street Mary S. Vinelli Easthampton, MA 22 10 Blaine M. Burdin Eleanor W. Burdin 101 Spruce Hill Ave. . 22 9 James F. Boyle 266 W. Farms Road Patricia A. Boyle Northampton, MA 22 29-33 Eleanor M. Burdo 377 Ryan Road 28 33 Edward B. LaValley Theresa D. LaValley 541 Ryan Road 28 43 aA. Pg. 5 w SA �W.7 i&, SST _r . r NA oM ADDRESS SHEET # PARCEL 4� C C +y of Northampton Ryan Road School 29 104 Douglas W. Greenwood 20 Alamo Court 29 127 ChristopherJ. Morin ' Joann W. Morin 10 Alamo Court 29 126 Northampton Revolver Club 158 Line Street +® c/o Edward Krzanowski Easthampton, MA 29 152 Joseph J. Adamowicz 454 Ryan Road 29 103 Joseph J. Adamowicz 454 Ryan Road 29 431 Joseph J. Adamowicz Elinor T. Adamowicz 432 Ryan Road 29 102 Elinor T. Adamowicz 432 Ryan Road 29 470 a Marvin McConkey Ruth McConkey 418 Ryan Road 29 87 4W Gregory J. Krause Susan B. Krause 410 Ryan Road 29 86 Howard B. Lyford, Jr. Bonnie A. Lyford 402 Ryan Road 29 85 Am Gordon P. Trowbridge, Jr. Margaret H. Trowbridge 40 Alamo Court 29 129 J. Leo Goyette Jane N. Goyette 30 Alamo Court 29 128 John J. Leva Nancy T. Kask 41 Alamo Court 29 130 Wilber R. Waite Helen D. Waite 441 Ryan Road 29 123 Sandra B. Lind 433 Ryan Road 29 124 Raymond F. Pietrzykowski Mary H. Pietrzykowski 33 Alamo Court 29 131 "+ Leonard F. Haggerty Dorothy S. Haggerty 149 Sprice Hill Ave. 29 238 an Deborah L. Thomas 79 Golden Drive 29 427 on Pg. 1 qse es Application Number: " FIT `. Checked Filed Fee Pd. Rec'd. ZBA Map(s) Parcels) t I ISY Date Date Amt. Date ey Date y J P ,jam „APPLICATIWIS HEREBY MADE TO THE CITY OF NORTHAMPTON X 1 6G14 $X PLANNING BOARD 1. Name of Applicant James F. & Patricia A. Boyle Address West Farms Road, Northampton, MA 2. Owner of Property James F. & Patricia A. Boyle Address West Farms Road, Northampton, MA 3. Applicant is: %%Owner; ❑Contract Purchaser; ❑Lessee; ❑Tenant in Possession. 4. Application is made for: ❑VARIANCE from the provisions of Section page of the Zoning Ordinance of the City of Northampton. MSPECIAL PERMIT under the provisions of Section11.4 page-_1-1-.-8 of the Zoning Ordinance of the City of Northampton. ❑OTHER: 5. Location of Property Sawmill Hills being situated on the North side of Ryan Road Ste; and shown on the Assessors' Maps, Sheet No. 28 29 33 , Parcel(s) 488 & 489 6. Zone URA 22 - 28 Cluster Residential Development comprising a 7. Description of proposed work and/or use; p total of 67 Lots & 8.5 Dwelling Units g 8. (a) Sketch plan attached; ®Yes ONO Complete filing for Definitive Subdivision Plan (b) Site plan: [2Attched ❑Not Required Fm 9. Set forth reasons upon which application is based: Requirements as set forth under Section 11.4. 10. Abutters (see instructions; list on reverse side of form). See Form "D" 12. 1 hereby certify that formation contained herein is true t the-b"t of my knowledg G ' ' Date �G���� �S Applicant's Signature �w October 22, 1985 City of Northampton Planning Board City Hall Main Street Northampton, MA 01060 Gentlemen: This letter, applications and plans serve as a request for special permit for Cluster Residential Development and Subdivision approval on 48.3 Acres off +R the North side of Ryan Road, at the base of Sawmill Hills, Northampton, MA. The zoning of the site is URA and the general area is comprised mostly of single family homes on a variety of lot sizes. The general area has been developed over the past 30 years. The site is directly opposite Ryan Road from the Ryan Road School. The land is mostly wooded and portions have been logged off over the last few years. In selecting the proposed cluster type subdivision, rather than a conven- tional subdivision, we wish to achieve the following goals: A. To provide affordable housing given the current housing market. B. The ability to reduce site improvement construction cost, thus keeping lot costs more affordable. C. To provide a mix of housing for first home buyers. D. To provide a variety of dwelling types intigrated with each other and with a significant area of common open space for passive recreation. E. To maintain large open spaces particularly at high elevations. In the initial planning, we worked with the local residents and have incor- porated many of their suggestions as well as those of some of the Planning Board members. The propsal we submit follows directly in line with the suggestions of the Northampton Land Use Study Committee. VeY'yy truly,yours %James & Patric Boyle TABLE OF CONTENTS PAGE LETTER OF INTRODUCTION SPECIAL PERMIT APPLICATION �Pages .2. 3 & 4 NOT APPLICABLE) 1-4 ABUTTER LIST . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-7 ABUTTER LIST CERTIFICATION . . . . . . . . . . . . . . . . . . . . . 8 ASSESSORS CERTIFICATION (FORM D) . . . . . . . . . . . . . . . . . . 9 APPLICATION (FORM C) . . . . . . . . . . . . . . . . . . . . . . . . 10-11 CITY CLERK'S RECEIPT . . . . . . . . . . . . . . . . . . . . . . . . 12 STATEMENT OF RESPONSE TO SECTION 11.4 . . . . . . . . . . . . . . . 13 SITE DATA SHEET . . . . . . . . . . . . . . . . . . . . . . . . . . 14 LIST OF REQUESTOR "WAIVERS" . . . . . . . . . . . . . . . . . . . . 15 on plm on �-9 - q m Z � ease SAWMILL HILLS PROPOSED "CLUSTER RESIDENTIAL DEVELOPMENT" aaa. OWNER & DEVELOPER ENGINEERS & SURVEYORS seas James F. & Patricia A. Boyle Almer Huntely, Jr. & Associates, Inc. 266 West Farms Road 125 Pleasant Street OR Northampton, MA 01060 Northampton, MA 01060 WATER CONSULTANT Paul P. Hatch, P.E. Munn Road we Monson, MA 01057 6 t, !1 ROMAMPTCN, A.O�utlf