29-064 (10) •• File#MP-2000-0039
APPLICANT/CONTACT PERSON SCAGEL DONALD A&MICHAEL H
ADDRESS/PHONE 31 GILRAIN TERR 584-4205
PROPERTY LOCATION 31 GILRAIN TERR
MAP 29 PARCEL 064 ZONE URA
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
ZONING FORM LED OUT
e
Building Permit Filled out
Fee Paid
Typeof Construction: ADD 8'10"X 10'TO EXISTING PORCH
New Construction
Non Structural interior renovations
Addition to Existing
Accessory Structure
Building Plans Included:
Owner/Statement or License
3 sets of Plans/Plot Plan
THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION:
Approved as presented/based on information presented.
4,1-/Denied as presented:
—Zspecial Permit and/or Site Plan Required under: —2,
✓ PLANNING BOARD ZONING BOARD
Received&Recorded at Registry of Deeds Proof Enclosed
Finding Required under: § —w/ZONING BOARD OF APPEALS
Received&Recorded at Registry of Deeds Proof Enclosed
Variance Required under: § w/ZONING BOARD OF APPEALS G v ASCU
Received&Recorded at Registry of Deeds Proof Enclosed
Other Permits Required:
Curb Cut from DPW Water Availability Sewer Availability
Septic Approval Board of Health Well Water Potability Board of Health
Permit from Conservation Co on
O
Signature of Building O ial Date
Note:Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning
requirements and obtain all required permits from Board of Health,Conservation Commission,Department
of public works and other applicable permit granting authorities.
10. Do any signs east on the property? YES NO /✓�
z C �
IF YES,describe size,type and location:
Are there any proposed changes to or additions of signs intended for the property?YES
IF YES,describe size,type and location:
11. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO
LACK OF INFORMATION.
This col— to be filled in
by the Banding Depart"'t
Required
Existing Proposed By Zoning
Lot size
Frontage p 5 r ` WS r
Setbacks
- side L: \5 ' R: �5 ' L: \5 ' R: 1 �,
- rear
N %A YU R 'got
Building height
Bldg Square footage et1 . +$I $. S�•D
%Open Space: o
'(Lot area minus bldg
&paved parking)
:pf
-parking spaces
'j%f Loading Docks
YV Y\J
Fill:
A volume-- location)
'13 . Certification: I hereby certify that the .informati oni fined he ei.n
i s true and accurate to the best of m knovled
DA'Z'E: APPLICANT's SIGNATURE
Or NOTE: ua of a zonin permit does not relieve a
9 P p #an to oamp�Ty_witfa,.,pll-
zoning requirements and obtain all required permits rom the and of Health,, Conservt:tion
Commission, Department of Publio Works and other applioab a permit grantin authorltlas :..
FILE #
i9qp
DEPT O a File No. �o03�
X10'C'
ZOII " G PERMIT APPLICATION (§10 . 2)
PLEASE TYPE OR PRINT ALL INFORMATION
1. Name of Applicant: DQ&,,4/(
Address
Tel�y�1 r Telephone:
2. Owner of Property: .b:2&4
Address: 8 Z Telephone: i;'��f��'�1�'� •
3.. Status of Applicant: _Owner Contract Purchaser Lessee
Other(explain):
4. Job Location: 'L a191Ae
Parcel Id: Zoning Map#--------- Parcel# ' (a 7 District(s): � to
(TO BE FILLED IN BY THE BUILDING DEPARTMENT)
5. Existing Use of Structure/Property -P�i"c t
6. Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary):
/so/"�c° �' / ini r S �f� lac X Al
7. Attached Plans: Sketch Plan Site Plan Y Engineered/Surveyed Plans
Answers to the following 2 questions may be obtained by checking with the Building Dept or Planning Department Files.
8. Has a Special Permit/Variance/Finding ever been issued for/on the site?
NO INh DON'T KNOW YES IF YES,date issued:
IF YES: Was the permit recorded at the Registry of Deeds?
NO DON'T KNOW YES
IF YES: enter Book Page and/or Document#
9. Does the site contain a brook,body of water or wetlands? NO—Z DON'T KNOW YES
IF YES,has a permit been or need to be obtained from the Conservation Commission?
Needs to be obtained Obtained ,date issued;
(FORM CONTINUES ON OTHER SIDE)
M
NORTHAMPTON ASSESSOR'S LABELS
Owners and
PARCEL PARCEL ADDRESS Owners' Mailing Address
29 -066-001 15 GILRAIN TERR VENDOLOSKI JOHN & ANNA
15 GILRAIN TERR
FLORENCE
MA 01060
29 -068-001 358 RYAN RD SUPERBA DONALD J & ALICE J &
STEPHEN R SUPERBA & DONNA L DU
P.O. BOX 60304
FLORENCE
MA 01060
29 -069-001 372 RYAN RD BILSZA HENRY M
372 RYAN RD
FLORENCE
MA 01060
29 -070-001 14 ACREBROOK DR SIAS ALICE L
C/O ALICE L SADLOWSKI
14 ACREBROOK DR
FLORENCE
MA 01060
29--0 71
NORTHAMPTON ASSESSOR'S LABELS
Owners and
PARCEL PARCEL ADDRESS Owners ' Mailing Address
29 -082-001 29 ACREBROOK DR LEBEAU EDWARD J & ROWENA M
29 ACREBROOK DR
FLORENCE
MA 01060
29 -083-001 21 ACREBROOK DR DUSSEAULT WORTHY G JR & IRENE
21 ACREBROOK DR
FLORENCE
MA 01060
29 -084-001 11 ACREBROOK DR COHEN ALVIN I & SHIRLEY R
11 ACREBROOK DR
FLORENCE
MA 01060
29 -085-001 402 RYAN RD LYFORD HOWARD B JR & BONNIE A
MAIL: WESTERN MASS TELEPHONE
P.O. BOX 3009
SPRINGFIELD
MA 01101
29 -165-001 22 GILRAIN TERR
CAVE- MORRIS- D- - - -
22 GILRAIN TERR
FLORENCE
MA 01060
Assessor' s Certification:
Date:
i /
/S7 ,Pr t ve vvP y f�
G> L f�f�I/V 7err/gCe �PS�Q �Od� °� ,,I PR kvC W,}y
R,qlltv —7e-PR ce M0 e- (5e jMd�v� l� Artw°j�vAy 16 l
gAa. VpwP wpy
yevv/qy �0 /
'Drive JVVA7 7.
Page 3
08/26/97
� l
NORTHAMPTON ASSESSOR 'S LABELS
/, �,,,I� Owners and
PARCEL PARCEL ADDRESS Y VV Y P Owners ' Mailing Address
29 -052-001 14 GILRAIN TERR LEARY BERNICE G
14 GILRAIN TERR
FLORENCE
MA 01060
f
29 -053-001 28 GILRAIN TERR Ar JOYCE ROBERT G & ALICE J
28 GILRAIN TERR
FLORENCE
MA 01060
t
29 -054-001 36 GILRAIN TERR STRAW GRACE A
36 GILRAIN TERR
FLORENCE
MA O1Q;60
29 -055-001 GILRAIN TERR PERRAULT PHILIP R & PAULINE E
1200 GOLDEN KEY CIR, STE 331
EL PASO
TX 79925
J /
29 -056-001 46 GILRAIN TERR /'� KOEBKE HAROLD F & HILDA J
46 GILRAIN TERR
FLORENCE
/ MA 01060
29 -062-001 47 GILRAIN TERR WILLARD JAMES J & PATRICIA M
47 GILRAIN TERR
FLORENCE
f MA 01060
�J ,
29 -063-001 39 GILRAIN TERR LOISELLE WILLIAM C JR
39 GILRAIN TERR
FLORENCE
MA 01060
29 -065-001 23 GILRAIN TERRA KIMBLE WANDA
23 GILRAIN TERR
FLORENCE
MA 01060
08/26/97 Page 1
- �4
*• MERRITT J. LOOMIS IV, President
M.J. LOOMIS INC.
j PAVING/EXCAVATING
95 REAR FERRY ST.
1 EASTHAMPTON, MA
If (413)527-7333
REMIT TO:34 ADMIRAL ST. • EASTHAMPTON, MA 01027
DATE n R l i 5 1941)._
Donald Scagel
31 Gilrain Terr.
Northampton,Ma. 01060
' a
Remove existing blac op
Remove existing brok
blacktop curbing
Install trap rock $600.0
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e ' MERRITT J. LOOMIS IV, President
M.J. LOOMIS INC.
PAVING/EXCAVATING
95 REAR FERRY ST.
EASTHAMPTON, MA
(413)527-7333
REMIT TO: 34 ADMIRAL ST. • EASTHAMPTON, MA 01027
DATE 06/18 1923-
Donald Scagel
31 Gilrain Terr.
Northampton,Ma. 01060
Contract price C
Y
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•
Donna R Hathaway
1054 Ryan Road
Florence,MAO 1062
Anthony Patillo
Building Commissioner
City of Northampton
Dear Sir or Madam:
L Donna Hathaway,have lived on Gilrain Terrace from 1952-1970. After 1970 I frequented
31 gilrain terrace on almost a daily basis. As long as I can remember the area that has
been recently paved at 31 Gilrain Terrace has always been used as a driveway. It has
been an established drive since 1952 when the Scagel family moved to Gilrain.
All origional curbing was installed at the property owners expense.
Sincerely,
Donna R. Hathaway
11
Robin Digiammo
329 Main Street
Easthampton,Ma
Anthony Patillo
Building Commissioner
City of Northampton
To Whom it May Concern:
I, Robin Digiammo, have lived on Gilrain Terrace from !953-1972. After 1972 I
Frequented the residence on Gilrain Terrace often. As long as I can remember, the area
that has recently been paved at 31 Gilrain Terrace has been used as a driveway. It has
been an established drive since 1952 when the Scagel family moved to Gilrain.
All origional curbing was installed at the property owners expense.
Sincerely,
O
Robin Digiammo
1 �
Michael Scagel
356 Station Road
Amherst,MA 01002
Anthony Patillo
Building Commissioner
City of Northampton
Dear Sir or Madam:
I, Michael Scagel, have lived at 31 Gilrain Terrace from !955-1974. After 1974 I
visited the above mentioned home on Gilrain Numerous times. As long as I can
remember the area that has been recently paved at 31 Gilrain Terrace has always been
used as a driveway. It has been an established drive since 1952 when the Scagel family
moved to Gilrain Terrace in Florence,MA.
All original curbing was installed at the property owner's expense.
Sincerely,
Michael Scagel
i�
Y
M
Lee York
Birch Road Box 1773
Lake George,New York
Anthony Patillo
Building Commissioner
City of Northampton
Dear Sir or Madam:
1, Lee York have lived on Gilrain Terrace From 1952-1971. After 19711 frequented the residence on
Gilrain Terrace often. As long as 1 can remember the area that has been recently been paved at 31 Gilrain
Terrace has always been used as a driveway. It has been an established drive since 1952 when the Scagel
family moved to Gilrain.
All origional curbing was installed at the property owner's expense.
Sincerely,
Lee York
23 Gilrain Terrace
Florence, MA 01062
September 29,1998
To Whom It May Concern;
I have been a resident at 23 Gilrain Terrace, Florence, MA since
1954. 1 am an Immediate neighbor to 31 Gilrain Terrace, presently
owned by Donald Scagei. Previous owners were his parents Donald and
Elaine Scagei.
Over the years additional parking was needed at 31 Gilrain Terrace
to accommodate the children's vehicles. These vehicles were parked to
the left of the initial driveway.
A number of years after we moved here, we approached the
Department of Public Works to have curbing placed in front of our home.
it was the homeowner's responsibility to request curbing from the city at
that time. Also the expense of the curbing was the homeowners.
Sincerely,
Wanda B. Kimble
City of Northampton, Massachusetts
Central Services
Memorial Hall, 240 Main Street
Northampton,MA 01060
(413) 587-1246 Fax: (413) 587-1303
August 9, 1999
Donald Scagel
31 Gilrain Terrace
Florence MA 01062
Dear Don:
Our trial date is fast approaching and you have not filed for your permit yet. Rather
that seek yet another continuance I am proposing that we continue without a finding for six
months subject to the following conditions.
1. Mr. Scagel is to reduce the curb cut to 19.5 feet and replace the curbing to match
existing curb or using Cape Cod curb. This work shall be completed by October 1,
1999.
2. Pavement is to removed from the City layout to match the new curb cut. The City's
DPW will mark the layout. This work shall be completed by October 1, 1999.
3. Mr. Scagel is to apply for more impermeable coverage than zoning allows by August
30. Mr. Scagel will supply additional information, if requested by the permitting
authority, as soon as reasonably possible.
4. If Mr. Scagel's application is denied he will,within thirty days,remove driveway
pavement on his property to the leave the greater of either the amount allowed by
zoning or 19.5 feet of width. The amount allowed by zoning will be reasonably
determined by the Northampton Office of Planning and Development.
5. Mr. Scagel will within thirty days of the acceptance of this agreement by the court
make a$100 donation to the Memorial Hall Renovation Project.
Please let me know ASAP if this is acceptable.
Thank you for your time and consideration.
Yours sincerel ,
oe . Cook
JMC j.
1
f
Draft Agreement
9845CR002537
Donald Scagel
To be reviewed by: Atty. William Larkin(counsel for the Defendant), Office of the District
Attorney
Trial Date: June 28, 1999.
1. Mr. Scagel will apply for a permit for a driveway curb cut wider than,9 feet and for a
permit for greater than the allowed impermeable coverage on his lot. The permit
applications shall be submitted by June 1, 1999. Mr. Scagel will provide additional
information reasonably requested by the permit granting authority within thirty days.
2. In the event that Mr. Scagel receives permits for the conditions as they exist the
Commonwealth will dismiss the above case.
3. In the event that only one permit is granted Mr. Scagel will correct the condition not
covered by a permit. If the curb cut permit is not granted Mr. Scagel will reduce the curb
cut to fifteen feet by causing to be constructed asphalt curbing matching the curbing on
Gilrain Terrace. If the coverage permit is not granted Mr. Scagel will reduce the amount
of asphalt driveway to come within the zoning requirements. In addition, if only one
permit is granted Mr. Scagel will make a$200 contribution to the Memorial Hall
Restoration Project being carried out by the City of Northampton. The time for
completion of remedial work and contribution is thirty calendar days from the date of the
decision of the permit granting authority.
4. In the event that neither permit is granted Mr. Scagel will make both corrections and
contribute$400 to the Memorial Hall Restoration Project. The time for completion of
remedial work and contribution is thirty calendar days from the date of the decision of the
permit granting authority.
5. In order to allow time for the above activities Mr. Scagel and the Commonwealth agree to
a continuance of the trial date to August 1999.
6. In the event that Mr. Scagel does not carry out his obligations under this Agreement the
criminal case will be prosecuted immediately at the discretion of the Commonwealth.
7. In the event that Mr. Scagel does carry out his obligation under this Agreement the
criminal case will be dismissed.
�1
s
Witness List
1. Anthony Patillo,212 Main St.,Northampton MA 01060,Building Commissioner for
the City of Northampton. Mr. Patillo may testify about the requirements of the zoning
ordinance, the application submitted by Mr. Scagel,his conversations with Mr. Scagel
and his observations of the conditions at the site.
2. Stanley Szewczyk, 212 Main St.,Northampton MA 01060,Building Inspector for the
City of Northampton. Mr. Szewczyk may testify about the requirements of the zoning
ordinance, the application submitted by Mr. Scagel,his conversations with Mr. Scagel
and his observations of the conditions at the site.
3. Robert Joyce,28 Gilrain Terrace,Florence MA 01062. Mr. Joyce may testify as to
the condition of the site prior to the construction in 1997.
4. Peter McNulty, P.O. Box 2097, Wellfleet MA 02667, former Assistant Director of
the Department of Public Works for the City of Northampton. Mr. McNulty may
testify as to his conversations with Mr. Scagel prior to the 1997 construction.
Specifically,Mr. McNulty, if called, will testify that he told Mr. Scagel that he could
not change the curb cut.
10
If we can not reach an agreement by the end or February the City will file a complaint
f6,.-the continuing violation from the date of the last ticket issued. The City will, of course,
honor the agreement you reached with the City Solicitor regarding the two week continuance
sought earlier. Please give me a call to discuss these issues. If Mr. Scagel is willing to take
care of this matter then we will need to discuss a continuance to allow for the work to be
performed as weather allows.
Thank you for your time and consideration.
Yours sincerely,
oe M'. Cook
JMC
cc City Solicitor Janet Sheppard,Building Com sioner Anthony Patillo
4
City of Northampton, Massachusetts
Central Services
Memorial Hall, 240 Main Street
Northampton, MA 01060
� (413) 587-1246 Fax: (413) 587-1303
February 16, 1999
Atty. William Larkin
8 Bridge Street
Northampton MA 01060
Re: Your Client, Donald Scagel
Dear Atty. Larkin:
Please find attached a list of possible witnesses for the April 6 trial of your client,per
the pre-trial agreement.
At this point the City is willing to discuss a settlement of this case on the following
conditions.
1. Either Mr. Scagel reduces the curb cut to 15 feet in width or acquires the Planning
Board's approval,,through the Site Plan Approval process per § 8.9 (7), for a greater
width. This approval would be based on the promotion of safe and efficient traffic
circulation. If Mr. Scagel decides to pursue this route the City would agree to a
continuance to allow time for this process.
2. Mr. Scagel reduces the paved area of his driveway to come within the 15%coverage
limit allowed within the URA/WSP district, or returns the driveway to its condition
prior to the work performed i 1n 79 . If the additional paved driveway surface does
not cause a violation of the 15%requirement then it may stay.
3. Mr. Scagel pays the $400 in fines.
' r
CITY OF NORTHAMPTON, MASSACHUSETTS
OFFICE OF THE CITY SOLICITOR
• Janet M. Sheppard, Esq.
- atzu Solicitor
NOTICE OF TAKING
AND
AWARD OF DAMAGES
May 9, 1998
Dear Property Owner:
The City of Northampton has taken by Order of Taking dated
j ..
December 18, 1997 the Roadway named Gilrain Terrace. The City has
determined that you were an abuttor at the time of the Taking. The City
has further determined that there were no damages incurred, when this
road was taken and the award is $0.00.
Massachusetts General Laws chapter 79 section' 7C requires that the
City to notify.you of your right to appeal the determination of damages.
Please contact this office if you have any questions.
very trul ours,
Janet M. Sheppard, Esq.
city Solicitor
76 Masonic Street, Northampton MA 01060 (413) 585-5889 PAX: (413) 586-2937
,t
May 20, 1997
Dear Citizen:
The Board of Public Works of the City of Northampton is intending to make a viewing of streets in
your neighborhood as shown below on June 4, 1997.The purpose is to view the streets concerned for layout
as a City street.In no case does this activity mean any physical change will take place.
The Board of Public Works will hold a hearing to determine whether or not this street should be
accepted. Said hearing to take place on June 11, 1997 at 8:00 p.m. at the J.F. Kennedy Middle School
(Mark Warner Community Room).
Final determination on this street acceptance plan will be made by the City Council at its meeting on '
June 19, 1997.
Further questions may be directed to City Solicitor,Janet M. Sheppard,at her address 76 Masonic
Street,Northampton,MA 01060,at(413)585-5889.
The procedure described here is required by the Massachusetts General Laws. It is in your interest as
a property owner to have this street accepted in order that the city may legally expend money on its
maintenance,including snowplowing and repair of the street. It is not necessary that you attend the
"viewing"although you are welcome to do so.
SCHEDULE
STREET TIME
Gilrain Terrace 4-6 p.m.
Sincerely yours,
Robert Mahar,Chairperson
Board of Public Works
l(J
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.4
ADDENDUM TO THE SCAGEL INTERPRETATION
Honorable Zoning Board Member:
I am not sure if this circumstance is relevant to your deliberations, however, I wish to explain
what was going on at the time when I removed the curbing in front of the parking area on my
property and why this matter has taken so long to resolve. In 1996 I became aware that my father
had never legally turned Gilrain Terrace over to the City. At that time my father's property had
passed from my father to my mother,Elaine Scagel, and to me. I was under the impression that I
was in ownership of the street. When the zoning officer approached me regarding the removal of
the curbing, I explained that I was in ownership of the street, not only to him, but also to the City
Solicitor, Janet M. Shepard. After that there was no movement forward on rectifying the curbing
situation. On May 20,1997 I received a notice for a public hearing regarding acceptance of Gih-ain
Terrace as a City street. Although I was not able to attend the meeting, my lawyer was there and
spoke on my behalf against the taking. On May 9, 1998,I receive a Notice of Taking and Award
of Damages from Janet M. Sheppard, Esq. indicating that Gilrain Terrace had been taken by the
City on December 18, 1997, five months earlier.
The taking of the street by the City and the subsequent zoning violation charges and associated
fines have been part of the bigger picture which I want you to be aware of As time has passed I
have attempted to get resolution of the problem but was not aware of how to proceed. For a long
time my lawyer was working it out with the City Solicitor's Office. Initially I was told that I
would be fined $100.00 a day until I replaced the curbing. I later received a letter stating that a
fine of$400.00 would be imposed along with other conditions(refer to attached). Still later I got
a letter saying that a $200.00 donation to the restoration fund and meeting certain conditions
would rectify the zoning issues. My latest letter requests a"donation" of$100.00 to the
restoration fund. As a resident, I have looked with a jaded eye at the behavior of the City's
representatives. The situation has never seemed right or above board. Perhaps it is because I am
just a property owner and don't understand the in's and out's of the system. Subsequently,the
last four years have been difficult for me because I believed that my only recourse was to take the
City to court. It is pretty bad when individuals believe that they have to go to court to protect
themselves against their government.
I recognize that this Board is not responsible for the problems I have had and I appreciate your
time in reviewing my requests. I just want you to be aware that there were other issues involved
in the removal of curbing. I still don't understand why, if the City did not have title to Gilrain
Terrace and I was the owner, the removal of curding was in violation of the zoning? I also do not
understand how the fine for specific violations changes and how a fine becomes a"donation". If
you can explain these things to me I would certainly appreciate it.
e ,
ald A. cagel
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On July 17, 1997 Anthony Patillo, Building Commissioner visited my property after a complaint
from my neighbor. Mr Patillo stated in a letter dated August 8, 1997 that I had extended my
driveway opening beyond the fifteen foot maximum required by section 8.9-7. It was later
determined that due to the blacktop which I had put over the parking area, I had exceeded the
15%permeability ratio in the Water Supply Protection District(WSPD), Section 16.0.
I began to investigate what was involved in rectifying this situation. I have talked to the City
Planner, The Building Department staffand_the City Solicitor in this matter and am now appealing
to you.
The points which I believe are relevant in this case are:
• The parking area was continually in use as a parking area from 1952 (refer to the certified
statements). I never abandoned or terminated that use.
• The parking area was rendered impermeable because of its use. The blacktopping of the
area is completely irrelevant and cannot be taken into account.
• The drainage off the structures on my property is infiltrated back into the groundwater and
therefor consistent with the WSPD and the drainage from the parking area has not
changed course or magnitude.
• The width of my driveway, which was originally twenty feet, was extended because I
removed the deteriorated and dangerous curbing,which had been reduced to that
condition because it had been driven over. If it please the Board I will gladly replace the
curbing with a cape cod berm, as your planner has suggested.
• The size of the driveway openings on Gilrain Terrace have always varied. The ones my
father put in were between twenty and thirty feet. I have prepared a list of all the
driveway openings on the street. They vary from fifteen feet per lot to lots which have
two driveways each, one of fifteen feet and one of twenty-five feet. The neighbors have
signed a petition which states that they have no problem with the width of my driveway
being twenty feet.
I would respectfixlly request that the Board allow me to replace the curbing which I removed with
a cape cod berm and maintain my driveway at the twenty feet it has always been.
4e7dA-' ly,
O Sca gel
. y
•
.i
Northampton Zoning Board of Appeals
Request for an Interpretation
Property of Donald A.Scagel
31 Gilrain Terrace,Florence,Ma.
Honorable Zoning Board of Appeals Member:
I am requesting a finding or a variance related to the following situation.
The house and property at 31 Gilrain Terrace have been continually inhabited since 1952 by a
member of the Scagel family. My father was the contractor who built all the homes on the street.
Originally, and until the Zoning Ordinance of 1974, the requirement for permeability in my
residential zone was 20%. My house and property are pre-existing and nonconforming. The area
of my property which served as the driveway, from the time the house was built,was the
blacktopped entrance to the garage and the land next to it extending to the property line, about
22-25 feet(refer to the site plan and the attestations of family and neighbors).
In the late 1960's or early `70's my late father, Donald A. Scagel, Sr., paid for curbing to be
installed in front of our property including the area between the driveway and the property line
to the right (facing the house). At no time was the area taken out of service as parking even after
it was curbed. The family either came into the area diagonally from the driveway or drove over .
the curbing.
From 1952 - 1999, a period of 47 years,the soil upon which cars and trucked parked was
compacted. Therefor, it was already rendered impermeable according to the definition in the
zoning ordinance. The Board may want to request that the Town Engineer calculate the run off
coefficient rates for the area in question, pre-blacktop vs post blacktop. The difference in
permeability will be minimal if any.
The drainage off the parking area goes on to Gih-ain Terrace and flows down the street where it is
directed in culverts which divert the runoff into an existing watercourse. Drainage on Gilrain
Terrace has been handled this way for many years. On the remainder of my property, all the
structures have gutters with 4"black corrugated plastic hoses which take the storm water out into
my gardens. My entire backyard is flat and I want there to be positive drainage and infiltration.
In the spring of 1996 I found the curbing in front of the parking area was degrading. I became
concerned that the broken curbing could potentially fly up and hit a car or a person. I contacted
Gus Grady of the Building Department and explained the situation. I requested that the curbing
be removed because of the hazard. Gus said that it would be done. At that time I also spoke to
the City Solicitor and was told that I would be liable if anyone or any property was injured by the
curbing or portions thereof. After two months and no movement on the part of the City to
remove the hazard, I took out three, four-foot chunks of crumbling curbing(12)(refer to the bill
from Mr. Loomis who did the work). At that point I also paved the rest of the parking area,
believing that there were no issues.
14 •
G. Explain how the requested use will promote City planning objectives to the extent possible and will not
adversely effect those objectives,defined in City master study plans(Open Space and Recreation Plan;
Northampton State Hospital Rezoning Plan;and Downtown Northampton:Today,Tomorrow and the
Future). _
-�-D ��n�oJe
v�eo
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9. I certify that the information contained herein is true and accurate to the best of my knowledge.The
undersigned owner(s)grant the Planning Board permission to enter the property to review this
application.
Date: 16 Applicant's Signature:
Date: Owner's Signature:
f th as n ' i
MAJOR PROJECTS MUST::ALSO;.COMPLETE THE''FOLL'OWING MAJORTROJECT APPROVAL
CRITERIA-
Does the project incorporate 3 foot sumps into the storm water control system? Yes No
(IF NO, explain why)
Will the project discharge stormwater into the City's storm drainage system? Yes No
(IF NO,answer the following:)
Do the drainage calculations submitted demonstrate that the project has been designed so that there is no
increase in peak flows from pre-to post-development conditions during the: 1, 2,or 10 year Soil
Conservation Service design storm? Yes No
(IF NO,explain why)
Will all the runoff from a 4/10 inch rainstorm(first flush)be detained on-site for an average of 6
hours? Yes No
(IF NO,explain why)
Is the applicant requesting a reduction in the parking requirements?
Yes No
If yes,what steps have been taken to reduce the need for parking, and number of trips per day?
7
a
How does the project meet the special requirements?(Use additional sheets if necessary)
A J2 vrtA `� 07%
F. State how the project meets the following techniea performance standar
1. Curb cuts ark minimized:
Check off all that apply to the project:
use of a common driveway for access to more than one business
use of an existing side street use of a looped service road
2. Does the project require more than one driveway cut?
NO YES(if yes,explain why)
3. Are pedestrian,bicycle and vehicular traffic separated on-site? ,J,, ���
YES (-NO(if no,explain why) Y-`3_cxt/►0_
FOR PROJECTS THAT REQUIRE INTERMEDIATE SITE PLAN APPROVAL, ONLY.SIGN
APPLICATION AND END HERE.'
9. I certify that the information contained herein is true and accurate to the best of my knowledge.The
undersigned owner(s)grant Planning Board permission to enter the property to review this
application.
Date: Applicant's Signature:
Date: Owner's Signature:
(If not the same as applicant's)
FOR PROJECTS THAT REQUIREA<SPECTAL�PERAHT:OR R'13ICH�TtE A.MAJOR PROJECT,
applicants MUST also co leteahe>followm
.F. Explain why the requested use will: 1
not unduly im air the integrity or character of the district or adjoining zones: Q ��1�
W
prri� �
not be detrimental to .health,morals or general welfar .
be in harmony with the general purpose and intent of the Ordinance: L�\XOA-
6
B. How will the requested use promote the convenience and safety of pedestrian movement within the site and
on adjacent streets?:!�(L— I-b A 0A \b \ MA
How will the project minimize traf is impacts on the streets and roads in the area?
Where is the location of driveway openings in relation to traffic and adjacent streets?
c"
1
What features iave been incorporated into the design to allow r:
access by emergency vehicles: Ortocl
the safe and convenient arrangement of parking and loading spaces: `k\AP
provisions for persons with disabilities:
win �S
C. How will the proposed use promote a haanponniilous relationship of structures an open spaces to.
T,Vk. the natural landscape: YY11
to existing buildings:=� w-c'-t t}' 'fir�/1'\cy lit 1,t> 3 \\ &A O OrQ
,-gin`A�C4\n U C i S13g Wo
other community assets in the area:
D. What measures are being taken that show the use will not overload the City's resources,including:
water supply and distribution system: ,,D
(/�
ry g sY � � L `p a �
sari sewage and storm water collection and treatment stems:
fire protection,streets and schools: _
1 nt) 1 0 "s!% o cca'n
How will the proposed project mitigate any adverse impacts on the City's resources,as listed,
above? Ci
E. List the section(s)of the Zoning Ordinance that states what special regulations are required for the
proposed project (flag lot,common drive,lot size averaging,etc.)
5 0/D n
5
� - ly
CITY OF NORTHAMPTON
PLANNING BOARD APPLICATION FOR:
1. Type of Project: SM PLAN:APPROVAL: - 3 19
.Intermediate P oj n)
Major ProjectfC�it)
OR �PECIALTERMIT:
Intermediate Project(with Site Plan Appro'
Major Project(Site Plan Special Permit)
2. Permit is requested under Zoning Ordinance:Section: Page: -
3. Applicant's Name:
Address: Q Telephone:g y 4
jOt
4. Parcel Identificatu Zoning Map# l� Parcel# --� Zoning District:��
Street Addre`ssiN (�- \,r& \ �(` j,-3 Y` �n eo
5. Status of Applicant: Owner !/ Contract Purchaser Lessee
Other ;(explain)
6. Property Owner: T)r)xcv-l"`���� C/-t n _
Address: Telephone: _ o �
7. Describe ropose oik/Project: (Use additional sheets if necessary):
Has the following information been included in the application? Site/Plot Plan
List of requested waivers Fee Signed/Denied Zoning Permit App lion
8. Site Plan and Special Permit Approval Criteria.(If any permit criteria does not apply,explain why)
Use additional sheets if necessary. Assistance for completing this information is available through
the Office of Planning&Development.
A. How will the requested use protect adjoining premises against seriously detrimental uses?
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uL�u haves vec<
How will the project provide for: 4.r AAR— Ak\k r'd.��,ej '\
surface water drainage: �Y
sound and sight buffers: A.(i i \00=\A-O S AAV DUSQ .U*C C\'ev
Q AQ �i 0. fp ' - l An A
the preservation of views,light and air: -Viy,,6 kkmc-k tAkO�ow .e
4