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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 v' j 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.