34-026 (15) "ATTACHMENT A"
Section 6.3 (3) Land Donations—Reduction of Dimensional &Density Requirements. In
reviewing the application for a Special Permit with Site Plan Approval to permit a
reduction of frontage & lot size for land donation.
A. The Conservation Commission has reviewed the application and has determined
that the proposed project is consistent with the City's Open Space plan.
B. The land was donated, with no financial or other consideration, to the City of
Northampton, and was not transferred as part of an Open Space Residential or
PUD Development or as a condition of any other City permit.
C. The land was donated to the Northampton Conservation Commission.
D. The lot conforms to all relevant zoning requirements.
E. Forty (40%) percent of the required lot size and frontage requirements remain as
part of the lot exclusive of the donation.
Section 6.12 Vehicular Egress/Access to a Lot and Common Driveways. In reviewing
the application for a Special Permit with Site Plan Approval to permit a common
driveway, the Planning Board found the following:
1. The common driveway does not serve more than three(3) lots,
2. The common driveway provides the only vehicular egress/access to the lots being
serviced by it, and this is stated in the deeds to the subject lots,
3. The grade, length and location of the common driveway is of suitable
construction for the access and turn-around of the vehicles which will be utilizing
the common driveway.
A. The driveway has a width of at least fifteen (15) feet,
B. The driveway has passing turnouts providing a total width of at least 20
feet along a distance of at least 25 feet, spaced with no more than 300 feet
between turnouts, and with the first such passing turnout being located
within ten feet of the driveway connection to the street, and
C. The driveway is acceptable to the Department of Public Works and the
Fire Department,
D. The driveway conforms to all other driveway requirements of the Zoning
Ordinance.
Planning Board - Decision City of Northampton
File No.: PL-N— 2003-0053 Date: January 22, 2003
Pursuant to Massachusetts General Laws(MGL),Chapter 40A,Section 11,no Special Permit with Site Plan,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.(Please call the City Clerk prior to picking up the decision.)
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 or the Northampton District 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: Tristram Metcalfe—Turkey Hill Road
DECISION DATE: January 9,2003
DECISION FILED WITH THE CITY CLERK: January 22, 2003
;��-7
: a
Planning Board - Decision City of Northampton
Hearing No.: PLN-2003-0053 Date: January 22, 2003
E. The requested use meets all special regulations set forth in Section 6.2, 6.3&6.12 of the Zoning Ordinance(see Attachment A).
F. The requested use bears a positive relationship to the public convenience or welfare.
The use will not unduly impair the integrity of character of the district or adjoining zones,nor be detrimental to the health,morals or
general welfare.
The use 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 effect those objectives,as
defined in City master or study plans adopted under M.G..L Chapter 41§81-C and D.
The Planning Board found that the application complied with the following technical standards:
1. Curb cuts onto streets have been minimized by the use of a common driveway that will serve two lots.
2. Pedestrian, vehicular and bicycle traffic are separated on site to the extent possible.
The Board voted 6:0 to Grant the waivers as requested in the application.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE:
1211912002 11212003 112312003
REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE:
1212612002 2/21/2003 11912003 11912003 211112003
FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE:
1212612002 11912003 11912003 112212003
SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE:
11212003 7:00 PM 512212003 512212003
MEMBERS PRESENT: VOTE:
Julie Hooks Davis votes to Grant
Keith Wilson votes to Grant
Paul Voss votes to Grant
Kenneth Jodrie votes to Grant
Frandy Johnson votes to Grant
Andrew Crystal votes to Grant
MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION:
Andrew Crystal Keith Wilson 6 Approved with Conditions
MINUTES OF MEETING:
Minutes are available in the Office of Planning&Development.
CERTIFICATE OF SERVICE
Pursuant to M.G.L. Chapter 40A, Section 11, I, Angela Dion, Board Secretary, hereby
certify that I caused copies of this Decision to be mailed to the Applicant and Owner
on January 22, 2003.
GeoTMS®2003 Des Lauriers Municipal Solutions,Inc.
Planning Board - Decision City of Northampton
Hearing No.: PLN-2003-0053 Date: January 22, 2003
above condition)must be transferred to the City free of any encumbrances and at no cost to the City.
7. Prior to the issuance of a building permit,revised
construction plans shall be submitted to the Office of Planning and Development showing:
a. The design of the proposed Turkey Hill extension,on
the current earthen section of Turkey Hill,which meets
the construction standards shown in the Northampton
Subdivision Regulations,as those regulations pertain
to the materials,construction methods,and cross
sections of residential streets;and
b. The road shall be the same width as the existing
paved section of Turkey Hill Road,but under no
circumstances be less than 18'wide;and
c. A statement from a professional engineer and a letter
from the Northampton Department of Public Works
concurring with that statement that the plans have
been so designed.
8. Prior to the issuance of a Certificate of Occupancy,the project engineer shall certify, to the
Department of Public Works'satisfaction,that the road was built to the standards shown on the
revised construction drawings.
9. Prior to the issuance of a building permit the developer shall install pins at all the property corners
and turns on the conservation land and post signs,in accordance with Conservation Commission
sign standards,at the two locations where the conservation fronts on Turkey Hill Road,to notify the
public that this is conservation land.
FINDINGS:
The Planning Board GRANTED the Special Permit with Site Plan Approval(major project)based on the following plans and information
submitted with the application,as amended by any conditions attached to this permit:
1. "Site Plan, Sewage Disposal System" Sheet No. 1 of 2,prepared by Huntley Associates,P.C.,dated October 9,2002 and revised on
December 17, 2002.
2. "Detail Sheet Sewage Disposal System"Sheet No. 2 of 2,prepared by Huntley Associates,P.C.,dated September 12,2002 and
revised on October 9,2002.
3. "Plan&Profile, Site Development"Sheet No. 1 of 1,prepared by Huntley Associates,P.C.,dated October 9,2002 and revised on
December 17,2002.
4. "Preliminary Donated Conservation Area Sketch"Sheet No. 1 of 1,dated October 9,2002 and revised on December 17, 2002.
5. "Plans Elevations"submitted by the applicant,dated June 5,2001.
6. "First&Second Floor Elevations"Sheet No. 1,submitted by the applicant.
In Granting the Special Permit with Site Plan Approval(major project),the Planning Board determined:
A. The requested use, for a common driveway and for a reduction of frontage&lot size for a land donation,protects adjoining premises
from seriously detrimental uses because it is an allowed use for the Rural Residential zoning district. The proposed project provides for
the permanent protection of an existing field and includes the donation of land to the City for conservation/open space purposes. In
addition, the applicant has made adequate provisions for surface water drainage,as depicted in plans and information submitted with the
application.
B. The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent
streets,minimize traffic impacts on the streets and roads in the area because the use of the common driveway will minimize the number
of new curb cuts on to City streets. Traffic impacts are minimized because no significant increase in traffic is expected due to the
development of two lots.
C. The requested use will promote a harmonious relationship of structures and open space to the natural landscape,existing buildings
and other community assets in the area because the proposed project will be in keeping with the existing residential neighborhood and
the majority of open space will be donated for conservation use thereby allowing the existing field to remain in its natural state.
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.
GeoTMS®2003 Des Lauriers Municipal Solutions,Inc.
M
Planning Board - Decision City of Northampton
J Hearing No.: PLN-2003-0053 Date: January 22, 2003
APPLICATION TYPE: SUBMISSION DATE:
PB Special Permit with Intermediate 1211812002
Applicant's Name: Owner's Name: Surveyor's Name:
NAME: NAME: COMPANY NAME:
Tris Metcalf Tristram Metcalf&Thomas Fortier
ADDRESS: ADDRESS: ADDRESS:
142 Main Street 142 Main Street
TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE:
NORTHAMPTON MA 01060 NORTHAMPTON MA 01060
PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: PHONE NO.: FAX NO.:
EMAIL ADDRESS: EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:
STREET NO.: SITE ZONING:
RRIWP
TOWN: SECTION OF BYLAW:
NORTHAMPTON MA 01060 Section 6.2, 6.3 & 6. 12
MAP: BLOCK: 1 MAP DATE: ACTION TAKEN:
Approved With Conditions
Book: 4880 Page: 254
NATURE OF PROPOSED WORK:
2 single family homes with accessory apartments.
HARDSHIP:
CONDITION OF APPROVAL:
The Planning Board granted the requested Special Permits, the Site Plan Approval,and the site plan
submittal waivers with the following conditions:
1. The common driveway must be a minimum of 15'wide to provide safe egress for all the housing
units.
2. Either the easterly house must be moved or the property boundary between the two houses must
be moved such that both houses have the required 20'side yard setback and the lot size of both lots
remains the same,as shown on the plans.
3. The plans must indicate the land to be transfered to the City,in fee or by easement,necessary to
build a future sidewalk on the northerly side of Turkey Hill Road,abutting the project,in accordance
with the standards set forth in the subdivision regulations for a new residential street.
4. Prior to recording this permit the applicant must prepare a revised plan that incorporates the
above three conditions and merges all of the conservation area into one lot. That plan, with Planning
Board Approval Not Required endorsement,shall be recorded prior to recording this permit. Said
plan is recorded at the Hampshire County Registry of Deeds at Plan Book Page
(book and page references shall be filled in on the permit).
5. Prior to the issuance of a building permit,the conservation area shown on the plans shall be
transferred:
a. To the City of Northampton,in the care and
custody of its Conservation Commission,
b. Free of any encumbrances and at no cost to the
City,and
c. Either be in-fee or by a Conservation Restriction
and public right-of-way.
6. Prior to the issuance of a building permit,the fee or easement area needed for a sidewalk(see
GeoTMS®2003 Des Lauriers Municipal Solutions,Inc.