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36-087 (3) 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 5. There are no more than three Flag Lots having abutting, contiguous street frontage. These Flag Lots share one common curb-cut and driveway access. Appropriate easements have been delineated on-the Plot Plan and will be recorded in the deeds to the lots, including a clear provision for the responsibility for the maintenance of the common driveway 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). 6. The Planning Board found that the grade, length and location of access driveways are of suitable construction and for the access, the turn-around for vehicles, including moving vans, ambulances, fire and police. 7. 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) 2 & 3 is a Flag Lot: building is permitted only in accordance with the special Flag Lot Provisions of the Northampton Zoning Ordinance." 8. The Special Permit application included a plan showing the location and layout of the proposed driveway and house and provision for drainage and storm water run- off. "ATTACHMENT A" 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 will be 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. 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 said lot has: 1. The portion of the flag lot with less than the usual required frontage (the "flag pole") is no deeper than 300 feet. 2. The proposed flag lot has met the requirements of the Table of Dimensional and Density Regulations, Section 6.2; and 3. 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 4. The lot is laid out such that the principal structure (erected or to be erected) may be located on the lot in such manner than a circle, with a minimum diameter equal Planning Board -Decision City of Northampton FileNo.: PL-N —2003-0010 Date: December 19, 2002 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.(Please call the City Clerk prior to picking up the decision.) The Northampton Planning Board hereby certifies that a Special Permit 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: Northampton Associates,LLC—Dunphy Drive DECISION DATE: December 12,2002 DECISION FILED WITH THE CITY CLERK: December 19, 2002 6Wr� s ,. Planning Board - Decision City of Northampton Hearing No.: PLN-2003-0010 Date: December 19, 2002 D. The proposed use will not overload the City's resources,including the City's water supply and distribution system,sanitary and storm sewage collection and treatment systems, fire protection,streets and schools because the applicant has made provisions to tie into the existing waterline on Westhampton Road. E. The requested use meets the special regulations set forth in the Zoning Ordinance as listed in Section 6.12&6.13(See Attachment A). F. The requested use bears a positive relationship to the public convenience or welfare because it will provide additional inflll housing. 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 and the use shall be in harmony with the general purpose and intent of the Ordinance. G. The requested use will promote City planning 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 because the flag lots and common driveway will be constructed according to the requirements in the Zoning Ordinance. In addition,in reviewing the Site Plan submitted with the application,the Planning Board found that the application complied with the Following technical performance standards: 1. Curb cuts onto streets have been minimized by the use of a common drive to serve three lots. 2. Pedestrian,bicycle and vehicular traffic movement on site are separated to the extent possible. COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: 11/21/2002 12/5/2002 1212612002 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 1112812002 9/2512002 12/12/2002 1211212002 11812003 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: 11/28/2002 12/12/2002 12/1212002 1211912002 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 121512002 8:00 PM 1212412002 1212412002 MEMBERS PRESENT: VOTE: Julie Hooks Davis votes to Grant George Kohout votes to Grant Keith Wilson votes to Grant Francis Johnson votes to Grant Paul Diemand votes to Grant Kenneth Jodrie votes to Grant Andrew Crystal votes to Grant MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: Paul Diemand Keith Wilson 7 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, postage- prepaid to the Applicant and Owner on December 19, 2002. 1 4 � l✓ GeoTMS®2002 Des Lauriers Municipal Solutions,Inc. * Planning Board - Decision City of Northampton Hearing No.: PLN-2003-0010 Date: December 19, 2002 APPLICATION TYPE: SUBMISSION DATE: PB Special Permit with Intermediate 7/22/2002 Applicant's Name: Owner's Name: Surveyor's Name: NAME: NAME: COMPANY NAME: NORTHAMPTON ASSOCIATES,LLC NORTHAMPTON ASSOCIATES,LLC ADDRESS: ADDRESS: ADDRESS: 25 MAIN ST,SUITE 445 25 MAIN ST, SUITE 445 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.: (413)586-5340 (413)586-5340 EMAIL ADDRESS: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: STREET NO.: SITE ZONING: SR TOWN: SECTION OF BYLAW: NORTHAMPTON MA 01060 Section 6. 12 & 6. 13 MAP: BLOCK: LOT MAP DATE: ACTION TAKEN: - L , ^, a Approved With Conditions ` Book: Page; 4570 214 NATURE OF PROPOSED WORK: M Flag Lots, Common Drive located on maps 36 parcel 87;map 43 parcel 5;map 43 parcel 6. HARDSHIP: CONDITION OF APPROVAL: 1. All driveways shall be graded so that all runoff will be directed onto private property and no runoff FINDINGS: will flow onto the streets. 2. Prior to the issuance of a Certificate of Occupancy for lots 1,2,and 3,an as-built stamped by a registered engineer,for the common driveway,must be submitted to the Office of Planning& Development showing that the common driveway has been constructed in such a way that no runoff will occur onto Dunphy Drive. The Planning Board GRANTED the Special Permit with Site Plan,based on the following plans and information submitted with the application: 1. "Lotting Plan,Definitive Subdivision Plan for White Oak Woods"Sheet L-1,prepared by Land Solutions, dated June 16,2002 and revised on August 14, 2002. 2. "Survey,Definitive Subdivision Plan for White Oak Woods"Sheet S-1,prepared by Land Solutions,dated June 16,2002 and revised on August 14,2002. 3. "Grading&Drainage,Definitive Subdivision Plan for White Oak Woods"Sheet G-1,prepared by Land Solutions,dated June 16, 2002 and revised October 14,2002. In Granting the Special Permit with Site Plan,the Planning Board found: A. The requested use,for a common driveway and two flag lots,protects adjoining premises against seriously detrimental uses because the common driveway will provide access to three lots for future residential infill in an existing residential neighborhood. In addition,the applicant has made adequate provisions for surface water drainage as depicted on plans and information submitted with the Special Permit 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 flag lots will be served by a common driveway,limiting the number of curb cuts. 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 natural buffers will be preserved to the extent practical and a walking trail easement is proposed. GeoTMS®2002 Des Lauriers Municipal Solutions,Inc.