xxxx50-2Date: January 16, 2013Hearing No.:PLN-2008-0050
City of NorthamptonPlanning - Decision
APPLICATION TYPE:
PB Special Permit with Major Site Pla
SUBMISSION DATE:
5/14/2008
NAME:
TACO BELL OF AMERICA INC
Applicant's Name:
ADDRESS:
17901 VON KARMAN
TOWN:
IRVINE
STATE:
CA
ZIP CODE:
92614
PHONE NO.:
(410) 712-0500
FAX NO.:
EMAIL ADDRESS:
STREET NO.:
203 KING ST
Site Information:
TOWN:
NORTHAMPT0N MA 01060
MAP:
24D
BLOCK:
329
LOT:
001
SITE ZONING:
HB(100)/
MAP DATE:
NAME:
TACO BELL OF AMERICA INC
Owner's Name:
ADDRESS:
17901 VON KARMAN
TOWN:
IRVINE
STATE:
CA
ZIP CODE:
92614
PHONE NO.:
(410) 712-0500
FAX NO.:
EMAIL ADDRESS:
Surveyor's Name:
ADDRESS:
TOWN:STATE:ZIP CODE:
PHONE NO.:FAX NO.:
EMAIL ADDRESS:
COMPANY NAME:
ACTION TAKEN:
Approved With Conditions
NATURE OF PROPOSED WORK:
DEMO & REBUILD 3,354 SF RESTAURANT W/DRIVE-THRU 7 35 PARKING SPACES
HARDSHIP:
CONDITION OF APPROVAL:
Book:
4994
Page:
57
SECTION OF BYLAW:
Chpt. 350- 8.1: Off-Street Parking
Requiremants
Upon motion by Keith Wilson and second by Jennifer Dieringer, the board voted unanimously (7-0 with
associate members not voting) to issue the request special permit and site plan approval with the
following conditions:
Upon motion by Keith Wilson and second by Jennifer Dieringer, the board voted unanimously (7-0 with associate members not voting) to issue the request special permit and site plan approval with the following conditions:1.Prior to receiving any Building Permit
a.The property owner shall provide the offered $12,000 in traffic impact funding to the City.
b.The applicant shall record an Stormwater Operation, Maintenance, and Inspection Agreement
executed by the property owner and the Northampton Department of Public Works that is binding on all
subsequent owners of the land served by the private stormwater management facility and record the
Agreement in the Registry of Deeds in the chain of title. Said Agreement must be approved by the
Northampton DPW in accordance with a DPW provided template.2.Prior to 3.Prior to receiving any Building Permit, provide revised site plans in paper (two sets) and electronic form (two copies of a CD in TIFF format) showing the following changes. The plans must be
administratively approved by the Office of Planning and Development in accordance with the
requirements of this permit:
a.Lighting in conformance with the Northampton Zoning, including no more than 0.5 foot candles at any
property boundary.
b.Internal crosswalks with a ladder design.c.The addition of a ribbon bicycle rack adjacent to the primary door to the Taco Bell.d.Use 12” RCP (not HDPE) drain pipe from DMH4 to the proposed CB connection in the King Street right-of-way. Add note to drawing that the applicant/contractor must maintain the integrity of the
existing CB block structure in equal or better condition than it is currently.
e.Snow storage must be implemented and used to prevent blocking sheet flow drainage into the
detention pond and to prevent using any of the storage capacity of the infiltration based for snow.
Permanent markers shall be installed in the corners of the infiltration in such a manner that they stick
up through the snow and it is easy to see if any parking lot snow is being stored in the basin
f.Add a note to the plan that sidewalks and disturbed areas in the public right-of-way shall be restored to a pre-disturbance condition and any work in this area shall be inspected by the Northampton Department of Public Works prior to backfilling.
g.The addition of a bench along the King Street sidewalk consistent with the design of the bench in
front of the Northampton Fire Department.
h.The addition of street shade trees in conformance with the Northampton Zoning (an average of one
1)
GeoTMS® 2013 Des Lauriers Municipal Solutions, Inc.
Date: January 16, 2013Hearing No.:PLN-2008-0050
City of NorthamptonPlanning - Decision
REFERRALS IN DATE:
5/29/2008
FILING DEADLINE:
5/22/2008
FIRST ADVERTISING DATE:
5/29/2008
SECOND ADVERTISING DATE:
6/5/2008
MAILING DATE:
6/5/2008
HEARING DEADLINE DATE:
7/18/2008
HEARING DATE:
6/12/2008
HEARING TIME:
7:30 PM
FINDINGS:
The board found that the requested use will not need as many spaces as required by zoning and will have no adverse impacts on other
uses. If there is not sufficient parking (which seems highly unlikely), only the tenant will suffer because business will go elsewhere. With
the approved plan and the conditions, the board founda thtat all of the site plan conditions are met.
COULD NOT DEROGATE BECAUSE:
HEARING CONTINUED DATE:
6/12/2008
HEARING CLOSE DATE:
6/12/2008
VOTING DATE:
6/12/2008
VOTING DEADLINE:
9/10/2008
DECISION DATE:
6/16/2008
DECISION DRAFT BY:
6/26/2008
DECISION DEADLINE:
9/10/2008
FINAL SIGNING BY:
6/26/2008
MOTION MADE BY:
Keith Wilson
SECONDED BY:
Stephen Gilson
VOTE COUNT:
7-0-2
DECISION:
Approved with Conditions
MINUTES OF MEETING:
Minutes are available in the Office of Planning & Development. Appeals of this application may be made in the appropriate court within the
statuatory 20 day appeal period.
I, Wayne Feiden, as agent to the Planning Board, certify that this is a true and accurate decision made by the Planning Board and that a
copy of this has been filed with the Board and the City Clerk on the decision date shown above and has been mailed to the Owner and
Applicant.
APPEAL DATE:
APPEAL DEADLINE:
7/6/2008
MEMBERS PRESENT:VOTE:
Marilyn Richards Ineligible to Votevotes to
Katharine G. Baker Grantvotes to
Stephen Gilson Grantvotes to
Jennifer Dieringer Grantvotes to
Mark Sullivan Ineligible to Votevotes to
Francis Johnson Grantvotes to
George Kohout Grantvotes to
Keith Wilson Grantvotes to
Kenneth Jodrie Grantvotes to
per 30’ of street frontage). These plans will not be approved by the Office of Planning and Development until the Planning Board has administratively approved the tree planning plan.
4.Prior to receiving any final Certificate of Occupancy, and as offered by the applicant, provide
evidence that the building is LEED certified or provide an $8,000 in traffic impact funding to the City. (A
single temporary CO for no more than six months may be obtained prior to LEED certification).
5.Prior to receiving a Certificate of Occupancy, provide documentation by a qualified engineer, based
on actual field lighting measurements, certifying that all outdoor lighting complies with the zoning
performance standards in their entirety, including not exceeding 0.5 foot candles at any of the property boundaries, in accordance with commonly accepted methods of measuring lighting.6.All work shall be done in accordance with the plans “Site Development Plans, Proposed KFC/Taco Bell Restaurant, Map 24D, Lot 339, 203 King Street, Northampton, Massachusetts” prepared by MHF
Desing Consultants and stamped by Frank Monteiro, PE, dated 5/12/2008, as will be amended to comply
with the above conditions.
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