28-066 (7) - � K
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Pursuant to Massachusetts General Laws (MGL), Chapter 40A, Section 11, no 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, or if such an appeal has been filed that it has been dismissed or denied, is recorded in
the Hampshire County registry of Deeds or Land Court, as applicable and indexed 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. It is the owner or
applicant's responsibility to pick up the certified decision from the City Clerk and record it at the
Registry of Deeds.
The Northampton Planning Board hereby certifies that a Special Permit with Site Plan
Approval has been GRANTED and that copies of this decision and all plans referred to in it
have been filed with the Planning Board and the City Clerk.
Pursuant to Massachusetts General Laws, Chapter 40A, Section 15, notice is hereby given that
this decision is filed with the Northampton City Clerk on the date below.
If anyone wishes to appeal this action, an appeal must be filed pursuant to MGL Chapter 40A,
Section 17, with the Hampshire County Superior Court and notice of said appeal filed with the
City Clerk within twenty days (20) of the date of that this decision was filed with the City
Clerk.
Applicant: Susan Anderson and David Noonan - 242 Sylvester Road
DECISION DATE: May 14, 1998
DECISION FILED WITH THE CITY CLERK: June 2, 1998
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ATTACHMENT A
Section 6.13 Flag Lots. In reviewing the application for a Special Permit with Site Plan
Approval for a Flag Lot, the Planning Board found the lot has:
1. met the requirements of the Table of Dimensional and Density Regulations, Section 6.2;
2. an area on the flag lot for an access roadway with no curve having a radius of less than
eighty (80) feet. (The lot is actually served by an legally pre-existing Common Drive.)
3. A configuration such that the principal structure is located on the lot in such manner that
a circle, with a minimum diameter equal to one and one-half(1 1/2) times the amount of
the minimum frontage requirement required for a non-flag lot in that district, can be
placed around the principal structure without any portion of said circle falling outside of
the property's line; and
4. No more than three Flag lots having abutting, contiguous street frontage. The flag Lot
approved under this Special Permit is already served by a legally existing common drive.
Appropriate easements are delineated on the Plot Plan and shall be in the deed to the lot.
Said easements shall:
A. Become part of all of the deeds and,
B. Be recorded at the Hampshire County Registry of Deeds or Land Court, as
applicable(proof of recording shall be submitted to the Building Commissioner
prior to the issuance of any Building Permits)
5. The grade, length and location of the access driveway is of suitable construction, in the
opinion of the Planning Board, for the access and, where applicable, the turn-around for
vehicles, including moving vans, ambulances, fire and police. Said driveway shall
conform to all applicable provisions of the Zoning Ordinance.
6. Plans submitted to the Planning Board under this Section shall be the same as the plan
submitted to the Planning Board under the Subdivision Control Law, and shall include
the statement "Lot (s) is a Flag Lot: building is permitted only in accordance with
the special Flag Lot Provisions of the Northampton Zoning Ordinance."
7. The Special Permit application included a plan showing the location and layout of the
proposed driveway and house and all provisions for drainage and storm water run-off.
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3. Prior to the issuance of a building permit, an Approval Not Required (ANR) plan
must be submitted and approved by the Planning Board, showing the existing
common driveway easement, the new lot lines and containing the flag lot language of
Section 6.13 #6.
4. Prior to the issuance of a building permit or the start of construction, the applicant
shall submit a plan stamped by a Massachusetts-licensed professional engineer or
registered land surveyor demonstrating that the layout of the driveway does not
have a radius of less than 80 feet.
5. Prior to the start of construction, the applicant shall obtain any required permits for
the construction of the driveway.
6. Prior to the issuance of a building permit, the applicant shall submit a plan stamped
by a Massachusetts-licensed professional engineer with a certification that the
outflow from any new culvert has no greater erosion impact than existing
stormwater flows.
7. A drainage system, including detention, retention and/or infiltration, must be
designed to accommodate the one (1) or two(2),ten (10), and hundred (100) year
twenty-four (24) hour Natural Resource Conservation Service design storms. The
system must insure no increase in peak flow drainage for these storms from pre-
development conditions to post-development conditions for all the development of
this site, including the driveway and house.
Prior to the issuance of a building permit, the design shall be completed and
stamped by a Massachusetts-licensed certified professional engineer as meeting this
condition and filed with the Office of Planning and Development. Prior to an
issuance of a Certificate of Occupancy, said engineer must file an as-built plan and
certify that the driveway plan submitted to the Planning Board with the Special
Permit and the drainage as constructed will meet the above design standards. Any
necessary permits from the Conservation Commission for this facility shall be
obtained prior to construction.
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13. 1 hC requested use promotes the convenience and safety of vehicular and pedestrian
movement within the site and on adjacent streets and minimizes traffic impacts on the
streets and roads in the area because access will be over an existing common driveway.
C. The requested use prornotes a harmonious relationship of structures and open spaces to
the natural landscape, existing buildings and other community assets in the area-because
the requested use will not involve an additional structure, since it creates a flag lot out of
a lot with an existing single-family home.
D. The requested use will not overload, and will mitigate adverse impacts on, the City's
resources, including the effect on the City's water supply and distribution system, sanitary
and storm sewage collection and treatment systems, fire protection, streets and schools.
E. The requested use meets all special regulations set forth in the Zoning Ordinance.
specifically, Section 6.13 - Flag Lot; see "Attachment A," for criteria.
F. The requested use bears a positive relationship to the public convenience or welfare, and
will not unduly impair the integrity of character of the district or adjoining zones.
The use will not be detrimental to the health, morals, or general welfare and shall be in
harmony with the general purpose and intent of the Ordinance.
G. The requested use will promote City planning objectives to the extent possible and will
not adversely affect these objectives, as defined in City master or study plans adopted
under M.G.L. Chapter 41, Section 81-C and D.
In addition, in reviewing the Site Plan, the Planning Board found the applicant has complied
with the following technical performance standards:
F. 1. Curb cuts onto streets have been minimized because the lot will be served by an
existing common drive.
2. Pedestrian,bicycle and vehicular traffic movement on site are separated to the
extent possible.
The following conditions were imposed upon this Special Permit:
1. Easement descriptions for the existing common driveway shall be referenced in the
deeds creating the new lots.
2. The northerly flag lot shall continue to have all the rights and responsibilities of the
applicant's existing lot under the Planning Board's previous common driveway
permit dated March 23, 1989.
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Office of Planning and Development
City of Northampton
City Hall • 210 Main Street , %J
Northampton, MA 01060 • (413) 587-1266
FAX (413)587-1264• EMAIL planningC,)city.northampton.ma.us tE
s..
-Conservation Commission -Historical Commission
-Planning Board • Housing Partnership
-Zoning Board of Appeals
DECISION OF
NORTHAMPTON PLANNING BOARD
APPLICANT: Susan Anderson and David Noonan
ADDRESS: 242 Sylvester Road
Florence, MA 01062
OWNER: Susan Anderson and David Noonan
ADDRESS: 242 Sylvester Road
Florence, MA 01062
RE LAND OR BUILDINGS IN NORTHAMPTON AT: 242 Sylvester Road
MAP AND PARCEL NUMBERS: MAP 28 PARCEL 66
At a meeting conducted on May 14, 1998, the Northampton Planning Board voted unanimously
5:0 to grant the request of Susan Anderson and David Noonan for a SPECIAL PERMIT
WITH SITE PLAN APPROVAL under the provisions of Section 6.13 in the Northampton
Zoning Ordinance, to create a flag lot (shown as Lot 2, having 14.52 acres, on the plan cited
below) at property located at 242 Sylvester Road, also known as Assessor's Map #28, Parcel
#66, according to the following plan:
1. "Plan of Lots for Christensen-Howard, Inc.," prepared by Pharmer
Engineering Corporation, dated July 7, 1988 and revised August 18, 1988,
October 8, 1988, and September 2, 1997 by Huntley Associates to divide Lot
2 into two flag lots.
Planning Board Members present and voting were: Chair Andrew Crystal, Kenneth Jodrie, Rick
Marquis, Anne Romano and M. Sanford Weil, Jr.
In Granting the Special Permit, the Planning Board found:
A. The requested use for a flag lot protects adjoining premises against seriously detrimental
uses because the applicant has made provisions for surface water drainage as depicted in
plans and information submitted to the Office of Planning & Development.
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ORIGINAL PRINTED ON RECYCLED PAPER
Pursuant to Massachusetts General Laws (MGL), Chapter 40A, Section 11, no 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, or if such an appeal has been filed that it has been dismissed or denied, is recorded in
the Hampshire County registry of Deeds or Land Court, as applicable and indexed 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. It is the owner or
applicant's responsibility to pick up the certified decision from the City Clerk and record it at the
Registry of Deeds.
The Northampton Planning Board hereby certifies that a Special Permit with Site Plan
Approval has been GRANTED and that copies of this decision and all plans referred to in it
have been filed with the Planning Board and the City Clerk.
Pursuant to Massachusetts General Laws, Chapter 40A, Section 15, notice is hereby given that
this decision is filed with the Northampton City Clerk on the date below.
If anyone wishes to appeal this action, an appeal must be filed pursuant to MGL Chapter 40A,
Section 17, with the Hampshire County Superior Court and notice of said appeal filed with the
City Clerk within twenty days (20) of the date of that this decision was filed with the City
Clerk.
Applicant: Susan Anderson and David Noonan - 242 Sylvester Road
DECISION DATE: May 14, 1998
June 2, 1998
DECISION FILED WITH THE CITY CLERK:
ATTACHMENT A
Section 6.13 Flag Lots. In reviewing the application for a Special Permit with Site Plan
Approval for a Flag Lot, the Planning Board found the lot has:
1. met the requirements of the Table of Dimensional and Density Regulations, Section 6.2;
2. An access roadway with no curve having a radius of less than eighty (80) feet, or an arca
on the flag lot for an access roadway with no curve having a radius of less than eighty
(80) feet.
3. A configuration such that the principal structure is located on the lot in such manner that
a circle, with a minimum diameter equal to one and one-half(1 1/2) times the amount of
the minimum frontage requirement required for a non-flag lot in that district, can be
placed around the principal structure without any portion of said circle falling outside of
the property's line; and
4. No more than three Flag lots having abutting, contiguous street frontage. The flag Lot
approved under this Special Permit will be served by a private drive. Appropriate
easements are delineated on the Plot Plan and shall be in the deed to the lot. Said
easements shall:
A. Become part of all of the deeds and,
B. Be recorded at the Hampshire County Registry of Deeds or Land Court, as
applicable(proof of recording shall be submitted to the Building Commissioner
prior to the issuance of any Building Permits)
5. The grade, length and location of the access driveway is of suitable construction, in the
opinion of the Planning Board, for the access and, where applicable, the turn-around for
vehicles, including moving vans, ambulances, fire and police. Said driveway shall
conform to all applicable provisions of the Zoning Ordinance.
6. Plans submitted to the Planning Board under this Section shall be the same as the plan
submitted to the Planning Board under the Subdivision Control Law, and shall include
the statement "Lot (s) is a Flag Lot: building is permitted only in accordance with
the special Flag Lot Provisions of the Northampton Zoning Ordinance."
7. The Special Pennit application included a plan showing the location and layout of the
proposed driveway and house and all provisions for drainage and stone water run-off.
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applicant's existing lot under the Planning Board's previous common driveway
permit dated March 23, 1989.
3. Prior to the issuance of a building permit, an Approval Not Required (ANR) plan
must be submitted and approved by the Planning Board, showing the existing
common driveway easement, the new lot lines and containing the flag lot language of
Section 6.13 #6.
4. Prior to the issuance]of a building permit or the start of construction, the applicant
shall submit a plan stamped by a Massachusetts-licensed professional engineer or
registered land surveyor demonstrating that the layout of the driveway does not
have a radius of less than 80 feet.
5. Prior to the start of construction, the applicant shall obtain any required permits for
the construction of the driveway.
6. Prior to the issuance of a building permit, the applicant shall submit a plan stamped
by a Massachusetts-licensed professional engineer with a certification that the
outflow from any new culvert has no greater erosion impact than existing
stormwater flows.
7. A drainage system, including detention, retention and/or infiltration, must be
designed to accommodate the one (1) or two(2), ten (10), and hundred (100) year
twenty-four(24) hour Natural Resource Conservation Service design storms. The
system must insure no increase in peak flow drainage for these storms from pre-
development conditions to post-development conditions for all the development of
this site, including the driveway and house.
Prior to the issuance of a building permit, the design shall be completed and
stamped by a Massachusetts-licensed certified professional engineer as meeting this
condition and filed with the Office of Planning and Development. Prior to an
issuance of a Certificate of Occupancy, said engineer must file an as-built plan and
certify that the driveway plan submitted to the Planning Board with the Special
Permit and the drainage as constructed will meet the above design standards. Any
necessary permits from the Conservation Commission for this facility shall be
obtained prior to construction.
3
13. 'l he requcsted use promotes the convenience and safety of vehicular and pedestrian
movement within the site and on adjacent streets and minimizes traffic impacts on the
streets and roads in the area because only one new curb cut is required for the private
drive to serve the flag lot.
C. The requested use promotes a harmonious relationship of structures and open spaces to
the natural landscape, existing buildings and other community assets in the area because
the requested use is for a flag lot for a single-family home and is in keeping with the
existing scale of development.
D. The requested use will not overload, and will mitigate adverse impacts on, the City's
resources, including the effect on the City's water supply and distribution system, sanitary
and storm sewage collection and treatment systems, fire protection, streets and schools.
E. The requested use ineets all special regulations set forth in the Zoning Ordinance.
specifically, Section 6.13 - Flag Lot; see "Attachment A," for criteria.
F. The requested use bears a positive relationship to the public convenience or welfare, and
will not unduly impair the integrity of character of the district or adjoining zones.
The use will not be detrimental to the health, morals, or general welfare and shall be in
harmony with the general purpose and intent of the Ordinance.
G. The requested use will promote City planning objectives to the extent possible and will
not adversely affect those objectives, as defined in City master or study plans adopted
under M.G.L. Chapter 41, Section 81-C and D.
In addition, in reviewing the Site Plan, the Planning Board found the applicant has complied
with the following technical performance standards:
F. 1. Curb cuts onto streets have been minimized because only one new curb cut is
requested.
2. Pedestrian, bicycle and vehicular traffic movement on site are separated to the
extent possible.
The following conditions were imposed upon this Special Permit:
1. Easement descriptions for the existing common driveway shall be referenced in the
deeds creating the new lots.
2. The northerly flag lot shall continue to have all the rights and responsibilities of the
2
Office of Planning and Devi loprr,,:i`
City Hali - 210 Main Street
Northarripton. MIA 01060 - (413) 586-6950
1
3998
FAX (413) 586-3726
- Conservation Commission • Historical Commission
- Housing Partnership• Parking Commission USTI
• Planning Board • Zoning Board of Appeals
DECISION OF
NORTHAMPTON PLANNING BOARD
APPLICANT: Susan Anderson and David Noonan
ADDRESS: 242 Sylvester Road
Florence, MA 01062
OWNER: Susan Anderson and David Noonan
ADDRESS: 242 Sylvester Road
Florence, MA 01062
RE LAND OR BUILDINGS IN NORTHAMPTON AT: 242 Sylvester Road
MAP AND PARCEL NUMBERS: MAP 28 PARCEL 66
At a meeting conducted on May 14, 1998, the Northampton Planning Board voted unanimously
5:0 to grant the request of Susan Anderson and David Noonan for a SPECIAL PERMIT
WITH SITE PLAN APPROVAL under the provisions of Section 6.13 in the Northampton
Zoning Ordinance, to create a flag lot(shown as a 6.46-acre lot on the plan cited below) at
property located at 242 Sylvester Road, also known as Assessor's Map#28, Parcel#66,
according to the following plan:
1. "Plan of Lots for Christensen-Howard, Inc.," prepared by Pharmer
Engineering Corporation,dated July 7, 1988 and revised August 18, 1988,
October 8, 1988, and September 2, 1997 by Huntley Associates to divide Lot
2 into two flag lots.
Planning Board Members present and voting were: Chair Andrew Crystal,Kenneth Jodrle, Rick
Marquis, Anne Romano and M. Sanford Well, Jr.
In Granting the Special Permit, the Planting Board found:
A. The requested use for a flag lot protects adjoining premises against seriously detrimental
uses because the applicant has made provisions for surface water drainage as depicted in
plans and information'submitted to the Office of Planning& Development.
1
ORIGINA! PRINTED ON RECYCLED PAPER
fi
a JUN 31998
DATE:
TO: NORTHAMPTON PLANNING BOARD
I hereby request that I be allowed to withdraw my application for
Special Permit with Site Plan Approval to access a lot via
a a common driveway at 242 Sylvester Road which was filed on
July 16, 1997
pplicant - David Noonan
LAI/ + r
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The Northampton Planning Board voted unanimously 6:0 on September 11, 1997 to accept
the withdrawal of Noonan's application for a Special Permit for a common drive without
prejudice.
Filed City Clerk's Office: : June 2, 1997