36-243 (2) "ATTACHMENT A"
Section 6.12 Vehicular Egress/Access to a Lot and Common Driveway 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.
Al
Planning Board - Decision City of Northampton
File No.:PL N — 2003-0044 Date: November 15, 2002
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: Sovereign Builders,Inc.—46 Sovereign Way
DECISION DATE: November 14,2002
DECISION FILED WITH THE CITY CLERK: November 15, 2002
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Planning Board - Decision City of Northampton
Hearing No.: PLN-2003-0044 Date: November 15, 2002
supply and distribution system,sanitary and storm sewage collection and treatment systems,Fire protection,streets and schools.
E. The requested use meets any special regulations set forth in Section 6.12 of the Northampton Zoning Ordinance(see Attachment A).
F. The requested use bears a positive relationship to the public convenience or welfare because it will only serve two lots, will be 15 feet
wide, with a turnout at 10 feet from the street for a total length of 25 feet.
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,Section 81-C and D.
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 will be minimized through the use of a common driveway.
2. Pedestrian,bicycle and vehicular traffic are separated on site to the extent possible for two single-family homes.
The Planning Board voted 7:0 to approve the waivers as requested in the application.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE:
1012412002 111712002 1112812002
REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE:
1013112002 1212812002 11/14/2002 1111412002 121512002
FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE:
1013112002 1111412002 1111412002 1111512002
SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE:
11/7/2002 7:30 PM 312812003 312812003
MEMBERS PRESENT: VOTE:
Julie Hooks Davis votes to Grant
George Kohout votes to, Grant
Keith Wilson votes to Grant
Paul Voss votes to Grant
Paul Diemand votes to Grant
Kenneth Jodrie votes to Grant
Francis Johnson votes to Grant
MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION:
Keith Wilson Julie Hooks Davis 7 Approved with Conditions
MINUTES OF MEETING:
Minutes 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
Applicant and Owner on November 15, 2002.
GeoTMS®2002 Des Lauriers Municipal Solutions,Inc.
A
Planning Board - Decision City of Northampton
Hearing No.: PLN-2003-0044 Date: November 15, 2002
APPLICATION TYPE: SUBMISSION DATE:
PS Special Permit with Intermediate 1012412002
Applicant's Name: Owner's Name: Surveyor's Name:
NAME: NAME: COMPANY NAME:
SOVEREIGN BUILDERS INC SOVEREIGN BUILDERS INC
ADDRESS: ADDRESS: ADDRESS:
135 SOUTHAMPTON RD 135 SOUTHAMPTON RD
TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE:
WESTHAMPTON MA 01027 WESTHAMPTON MA 01027
PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: PHONE NO.: FAX NO.:
(413)527-8001 (413)527-8153 (413)527-8001 (413)527-8153
EMAIL ADDRESS: EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:
STREET NO.: SITE ZONING:
SR/WP
TOWN: SECTION OF BYLAW:
NORTHAMPTON MA 01060
MAP: BLOCK: L T; MAP DATE: ACTION TAKEN:
Approved With Conditions
Book:
P.
4718 100
777
Nn
NATURE OF PROPOSED WORK:
Construct a single family home with common drive.
HARDSHIP: r
CONDITION OF APPROVAL:
1. Prior to the issuance of a building permit,the applicant shall provide proof of recording,at the
Registry of Deeds,of easement documents indicating cross easements for access and maintenance
for lots 10 and 11. These documents shall specifiy that both property owners are responsible for
maintenance of this driveway.
2. The applicant may move the street tree located within the proposed driveway alignment on lot 10
and the applicant shall guarantee the tree by replacing it with the same size caliper and same species
if said tree dies within two years of replanting it.
The Planning Board GRANTED the Special Permit with Site Plan Approval based on the following plans and information submitted with
the application with the revisions noted in the permit conditions attached.:
1. "Plan of Easements in Northampton,MA"Sheet 1 of 1,prepared by Huntley Associates,P.C., dated September 19,2002 and revised
on October 23,2002
Z "Definitive Subdivision Plan of Sovereign Meadows, Sheet 1,dated January 31, 1995.
FINDINGS:
In GRANTING the Special Permit with Site Plan Approval, the Planning Board determined that:
A. The requested use, to construct a common driveway with access over side lot line, protects adjoining premises against seriously
detrimental uses because common driveways are permitted within the Suburban Residential district. The applicant has included
provisions for surface water drainage,sound and sight buffers and preservation of views,light and air 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 project will provide a central common driveway for lots
10& 11 and will minimize the number of curb cuts located on Sovereign Way.
C. The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape,existing buildings
and other community assets in the area because the proposed driveway will blend with the existing neighborhood.
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
GeoTMS®2002 Des Lauriers Municipal Solutions,Inc.