35-276 (18) 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: James F. & Patricia A. Boyle- 78 Woodland Drive
DECISION DATE: August 28, 1997
DECISIONI ED WITH T CITY CLERK: September 16, 1997
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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 shall include 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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ATTACHMENT A
Section 6 i lag rots In reviewing the application for a
Special Permit with Site Plan Approval for two Flag Lots, the
Planning Board found said lots have:
1 . met the requirements of the Table of Dimensional and Density
Regulations, Section 6 .2 ; and
2 . an access roadway with no curve having a radius of less than
eighty (80) feet or, if access is from another lot, an area
on the flag lot for an access roadway with no curve having a
radius of less than eighty (80) feet; and
3 . configurations such that the principal structure (erected or
to be erected) may be 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. Said contiguous Flag Lots under common
ownership shall share one common curb-cut and driveway
access. Appropriate easements shall be delineated on the
Plot Plan and on the deeds to the lots, including a clear
provision for the responsibility for the maintenance of the
common driveway, common utilities (if any) and snow removal,
running with the land. 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 access driveways 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 conforms to all applicable provisions
of the Zoning Ordinance.
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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 by the use
of a common drive to serve two lots.
2 . Pedestrian, bicycle and vehicular traffic movement on
site are separated to the extent possible.
Conditions imposed upon the Special Permit for Flag Lots are as
follows:
1) The applicant must submit a new plan meeting the zoning
requirements for common driveways and including a
description of the driveway' s proposed construction (type of
subbase, amount of pavement, etc. )
2) The applicant shall submit a legal easement document
prior to the issuance of a Building Permit.
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against seriously detrimental uses by providing for surface
water and drainage as depicted on plans and information
submitted with the Special Permit application.
B. The 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 by providing access to two
lots with one common driveway.
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
through providing single-family homes in keeping with the
scale of other development in the immediate vicinity.
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 because it will provide
additional housing.
The use will not unduly impair the integrity of character of
the district or adjoining zones because flag lots are
allowed in the Rural Residential Zoning District . Also, a
common driveway to access two lots will reduce the amount of
pavement and the number of curb cuts into city streets and
will help maintain the rural character of the district.
1.
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.
2
City of Northampton, Massachusetts
Office of Planning and Development
City Hall • 210 Main Street
Northampton, MA 01060 • (413) 586-6950
FAX (413) 586-3726
•Conservation Commission• Historical Commission
• Housing Partnership• Parking Commission v �t
• Planning Board•Zoning Board of Appeals
DECISION OF
NORTHAMPTON PLANNING BOARD
APPLICANT: James F. Boyle and Patricia A. Boyle
ADDRESS: 4 Tiffany Lane
Northampton, MA 01060
OWNER: James F. Boyle and
Patricia A. Boyle
ADDRESS: 4 Tiffany Lane
Northampton, MA 01060
RE LAND OR BUILDINGS IN NORTHAMPTON AT: 78 Woodland Drive
MAP Am PARCEL NUMBERS: MAP 35 PARCEL 276
At a meeting conducted on August 28, 1997, the Northampton
Planning Board voted unanimously 7 : 0 to grant the request of
James F. Boyle and Patricia A. Boyle for a SPECIAL PERMIT WITH
SITE PLAN APPROVAL under the provisions of Section 6 .13 in the
Northampton Zoning Ordinance, to create two flag lots at property
located at 78 Woodland Drive, also known as Map #35, Parcel #276
as shown on the following plans :
1 . "Woodland anr7 Drive, Northampton,, Massachusetts, FLAG LOT
PLOT PLAN ALWOOD ESTATES' SLTRDTVT�ION, " prepared by
Killam Associates New England for James F. and Patricia A.
Boyle, dated May 8, 1997 .
Planning Board Members present and voting were: Chair Andrew J.
Crystal , Jody Blatt, Paul Diemand, Nancy Duseau, Kenneth Jodrie,
Anne Romano and Associate Member Sanford Weil, Jr.
In Granting the Special Permit, the Planning Board found:
A. The requested use for flag lots protects adjoining premises
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ORIGINAL PRINTED ON RECYCLED PAPER
against seriously detrimental uses by providing for surface
water and drainage as depicted on plans and information
submitted with the Special Permit application.
B. The 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 by providing access to two
lots with one common driveway.
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
through providing single-family homes in keeping with the
scale of other development in the immediate vicinity.
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 because it will provide
additional housing.
The use will not unduly impair the integrity of character of
the district or adjoining zones because flag lots are
allowed in the Rural Residential Zoning District. Also, a
common driveway to access two lots will reduce the amount of
pavement and the number of curb cuts into city streets and
will help maintain the rural character of the district .
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.
2
City of Northampton, Massachusetts fit" Mp
Office of Planning and Development
��¢� ,TO
City Hall • 210 Main Street
Northampton, MA 01060 • (413) 586-6950
FAX (413) 586-3726
•Conservation Commission•Historical Commission -
��s
•Housing Partnership•Parking Commission usTi
• Planning Board•Zoning Board of Appealsi
DECISION OF
NORTHAMPTON PLANNING BOARD
APPLICANT: James F. Boyle and Patricia A. Boyle
ADDRESS: 4 Tiffany Lane
Northampton, MA 01060
OWNER: James F. Boyle and
Patricia A. Boyle
ADDRESS: 4 Tiffany Lane
Northampton, MA 01060
RE LAND OR BUILDINGS IN NORTHAMPTON AT: 78 Woodland Drive
MAP mm PARCEL NUMBERS: MAP 35 PARCEL 276
, At a meeting conducted on August 28, 1997, the Northampton
Planning Board voted unanimously 7 : 0 to grant the request of
James F. Boyle and Patricia A. Boyle for a SPECIAL PERMIT WITH
SITE PLAN APPROVAL under the provisions of Section 6 .13 in the
Northampton Zoning Ordinance, to create two flag lots at property
located at 78 Woodland Drive, also known as Map #35, Parcel #276
as shown on the following plans:
1 . "Woodland Drive, Northampton., Massachusetts,, FLAG LOT
PLOT PLAN `SANDALWOOD FqTATFq1 DIVISION, " prepared by
Killam Associates New England for James F. and Patricia A.
Boyle, dated May 8, 1997 .
Planning Board Members present and voting were: Chair Andrew J.
Crystal , Jody Blatt, Paul Diemand, Nancy Duseau, Kenneth Jodrie,
Anne Romano and Associate Member Sanford Weil, Jr.
In Granting the Special Permit, the Planning Board found:
A. The requested use for flag lots protects adjoining premises
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ORIGINAL PRINTED ON RECYCLED PAPER