25A-106 (6) Northampton Zoning Board of Appeals
May 1, 1991 Meeting
Pane One
The Northampton Zoning Board of Appeals met at 7:05 p. m. on
Wednesday, May 1, 1991, in Council Chambers, Wallace J. Puchalski
Municipal Building, Northampton, to conduct a Public Hearing on the
Application of James I. Hutchins for a Special Permit under the
Provisions of Section 5.2 of the Northampton Zoning Ordinance to
allow construction of a three-family dwelling in the URB zone, and
also site plan review. Present and voting were Chairman Robert C.
Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr.
Ch. Buscher opened the meeting by reading the Legal Notice, Section
10. 10 of the ordinance, and a memorandum from the Planning Board.
Donald Miner of Harold L. Eaton & Associates, made the applicant's
presentation. He pointed out, "We are back before you because,
since you granted the Special Permit last year, we discovered that
the f loodplain is 65'-70' closer to Bridge Street than we thought.
The location of the 125' contour line is the issue. We have moved
the building closer to the road. The parking lot will be in the
f lood plain. The driveway has been widened to 16' , and the
plantings and trees are as you requested. The ConsCom has given us
an Order of Conditions. The building will be stepped for more
accessibility. We want to leave the curb cut where it is, but
widened by four feet. We have submitted this to Mass. DPW, who
were very encouraging. The PVPC Corridor of Critical Concern group
had a meeting, and voted unanimously not to take any action on Mr.
Cope's recommendation. The Planning Board wants 'a bumper around
the periphery of the lot so it doesn't grow. They also want a
turnaround in the lot, and we will add both." Mr. Weil asked, "The
building is moved 20' from Bridge Street?" Mr. Miner replied,
"Perhaps you can't visualize it, but when the existing building is
torn down, there's 20 ' of visibility to the west. " Dr. Laband
inquired, "The city map was in error as to the 125' line? You are
being impositioned through no fault of your own. " Mr. Miner
replied, "My client's a victim right now. "
There being no one present to speak in favor or in opposition, Dr.
Laband moved that the Public Hearing be closed. Mr. Weil seconded,
and the motion passed-unanimously. Ch. Buscher commented, "I know
everyone would like to do this tonight. " Dr. Laband agreed. Mr.
Weil pointed out, "This is a reaffirmation of what we did before.
Make the ConsCom Order of Conditions part of the decision. Make
these plans part of the record. Add the Planning Board
recommendations, and all our prior ZBA conditions. " Mr. Weil
moved to approve the Special Permit. Dr. Laband seconded, and the
motion passed unanimously. Dr. Laband moved to approve the site
plan. Mr. Weil seconded, a. the motion passed unanimously.
Robert C. uscher, Chairman
Issued$y Northampton Conservation COmmission
Signature(s)
This Order must be signed by a majority of the Conservation Commission.
On this `� day of 19 y� before me
personally appeared e2 4LI-1,62 to me known to be the
person described in and who executed the foregoing instrument and acknowledged that helshe executed
the same as his"her free act and deed. WAYNg 1Wr tttoEY
NOTARY PUBLIC
`�✓ r� ,Lf� i tilt!C�MMt�ftsh 1113WRae awH:!u fnw
Notary Public My commission expires
The abo:icant,me owner,any person aggrieved by INS Orcer,any owner of land abutting the land upon wnic:l the omoosea wom is to be
cone,or any ten residents of trio city or town in wnien such land is iodated,are nersoy notified of meir ngnt to request me Department of
Environmental Protection to issue a Superseding Omer.providing me request is mace by certified mail or hand delivery to the Department.
with the aeoroonate filing fee and Fee Transmical Form as croviced in 310 r-MA 10.031.7),wimin ten says from me care of issuance at m:s
Determination.A copy of the request snail at me same time Pe sent by certified mail or nano aelivery to me conservation Coaurnssion
and the applicant-
Detach on totted line and Submit to the Northampton Conservation Comm. prior to commencement at work.
To_ Northampton Conservation Commission ssa:ng�umbny
Please be advised that the Oreer of Conditions for me project at
246—aa�-
Nor- 1AM�MDr" I�
-'�le Nur.,oe• _ .as peen recorded at ae Regstry of am s ire ounty and
has teen nctec in me cnaur at title of the attectee omoerty in accoreance with General Conchbon 8 on t 9
If recorded land.me utsirument number vine t 1dencties thus rz=acaon R - -
It re^y:sterec land, me cccument number wArCh leenaties mrs b'dnSacbon is
S:cna:ure
-4A
thereof shall contain language substantially as follows: "This property may be subject
to the Northampton Wetlands Protection Ordinance, the Wetlands Protection Act, an Order
Of Conditions, and/or a Determination of applicability from the Northampton
Conservation Commission";
22) Any fill used in this project shall be clean fill, including soil, gravel, rock, and
loam. The applicant is prohibited from using demolition materials, asphalt, large
chunks of concrete, tree stumps and limbs, and general refuse;
23) The contractor is responsible with the applicant and property owner for any violation
and the penalties under the law for such violation. While all activities regulated by
this Order are being performed and during the construction phase for this project, an
on-site foreman, or project engineer, shall have a copy of this permit at the site, be
familiar with the conditions of this permit, and adhere to such conditions. A copy of
the plans and Order must always be on-site and in all excavating machinery when work
is being performed;
24) All required permits must be obtained from the Planning Board, Zoning Board, Department
Of Public works, & Building Inspector prior to the start of this project and all
permits must be complied with. Army Corps of Engineers 404 permits and Water Quality
Certifications must be obtained prior to the start of projects involving fill within
wetlands;
25) Upon completion of the project, the Applicant shall submit a statement that all work
has been done in conformance with the provisions of the approved Order of Conditions
and request a Certificate of Compliance. (if checked) Statement shall be by a
Professional Engineer or by a Wetlands Consultant who has been approved by the
Commission:
[ g] YES [ J NO
26) (if checked) An "As Built" plan shall be included with the project engineer's
statement, detailing the post-development conditions of the site: [ ]YES [ ] N0.
27)
(speccond 2/13/91)
Plans:
TITLE DATED SIGNED STAMPED BY: ON FILE:
Proposed apartments, Bridge Street 3/15/91 R. Jonathon Henson Cons. Comm.
Cons. Comm.
Cons. Comm.
Cons. Comm.
Cons. Comm.
Special Conditions:
13) All construction areas shall be restored to original condition or better upon
completion of the project, including vegetation;
14) No area within the 100 year floodplain, any wetland, or area within 100 feet of a
wetland or 40 feet of a 100 year floodplain, as defined in 310 C.Xt 10, and Chapter 24,
shall be permissible disposal sites, unless such areas are specifically approved by the
Commission;
15) Excavated material and topsoil stockpiles shall be located and stabilized so as to
minimize washing into wetland areas or waterways;
16) Adequate measures shall be taken to prevent erosion and siltation of all disturbed
areas, and shall be implemented prior to any construction. Sedimentation and erosion
control devices shall be placed according to standards set in the U.S.D.A. Soil
Conservation Service, "Guidelines for Soil and Water Conservation in Urbanizing Areas
of Massachusetts". Placement shall be directed at the site by the project engineer in
order to accomplish maximum control of erosion and ensure than no eroded materials will
reach wetland resource areas. Hay bales must be staked. Silt fencing must be placed
in a dug trench with sufficient porosity to allow detained water to pass while trapping
suspended sediments;
17) The areas of construction shall remain in a stable condition at the close of each
construction day. Erosion controls shall be inspected at this time, and maintained or
reinforced to meet specifications in the plans and this order;
18) This Order of Conditions shall apply to any successor in interest or successor in
control;
19) Members and agents of-the Conservation Commission shall have the right to enter and
inspect the premises to evaluate compliance with the Conditions and to require the
submittal of any data deemed necessary for that evaluation;
20) The Applicant shall notify the Commission, in writing, as to the date that work will
be commencing on the project. Said notification must be received by the Commission no
sooner than ten (10) days and no later than five (5) days prior to the commencement of
the approved activity;
21) The owner of the property described in this Order must advise any potential buyer of
the property that any construction upon or alteration to said property, including brush
clearance, may require action by the Northampton Conservation Commission and any
instrument conveying any or all of the owner's interest in said property or any portion
5-3A
Therefore. the Northampton Conservation Comm. hereby finds that the following conditions are
necessary, in accorcance with the Pertormance Standards set forth in the regulations,to protect those inter-
ests checked above.The Conservation Commission orders that all work shall be pertormed
in accordance with said conditions and with the Notice of Intent referenced above.To the extent that the fol-
lowing conditions modify or differ from the plans,specifications or other proposals submitted with the Notice
of Intent. the conditions shall control.
General Conditions
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory meas-
ures,shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges:it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state or local statutes,ordinances,by-laws or regulations.
A work authorized hereunder shall be completed within three,years from the date of th,s Order unless
either of the following apply:
(a) the work is a rzaintenance dredging project as provided for in the Act:or
(b) the time for completion has been extended to a specified date more than three years,but less than
five years, from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order maybe extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill,containing no trash,refuse,rubbish or de-
bris, including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,
refrigerators,motor vehicles or parts of any of the foregoing. _
7. No work snail be undertaken until all administrative appeal periods from this Order have elacsed or,if,
such an appeal has been filed, until all proceedings before the Department have been completed.
8. No work shalt be undertaken until the Final Order has been recorded in the Registry of Deeds or the(-and
Court for the district in which the land is locate,within the chain of title of the affected property.in the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done.in the case of registered land.the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done.The recording information shall be submitted to the Corm;cGi on
on the form at the end of fhis Order prier to commencement of the work.
°. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the worsts, Wassachusetts Department of Environmental Protection,
Fie Number 246- 287
10. Where the Department of Environmental Protection is requested to make a determination and to issue
a Superseding Order, the Conservation Commission shall be a parry to all agency proceedings and
hearings before the Department.
11-Upon completion of the work described herein.the applicant shall forthwith request in writing that a
Certificate of Comcliance be issued stating that the work has been satisfactorily completed.
12.The work snail c-onform to the following plans and special conditions:
5.2
310 CMR 10.99
Form 5 pa,'Fw►�o 246- 287
.r.
(To to aawo by DM
C+ry,Town Northampton
_ 1W.-- Commonwealth --
=''� of Massachusetts Hutchins
� �oo�canc
'ti 'sue
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40 AND THE
NORTHAMPTON WETLANDS PROTECTION ORDINANCE
From Northampton Conservation Commission
To James I. Hutchins James I. Hutchins
(Name of Applicant) (Name of property owner)
22 Washington Avenue 22 Washington Avenue
Address Northampton, MA 01060 Address Northampton, MA 01060
This Orcer is issued and delivered as follows:
by hand delivery to applicant or representative on (date)
Z by certified mail.return receipt reauested on April 24, 1991 (date)
This project is located at 357 Bridge Street, Northampton
Northampton, MA
The property is recorded at the Registry of Hampshire County
Book 3472 Page 191
Certificate(if registered)
The Notice of Intent for this project was filed on March 21, 1991 (date)
The public hearing was closed on April 22, 1991 (date)
Findings
The Northampton consenra r•t on C.nmm;,;_qt nn has reviewed the above-refdrenced Notice of
Intent and plans and has neid a public hearing on the project. Based on the information availaole to the
Conservation Commission at this time,the Commission has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act(c.ieck as acprooriate):
❑ Pubi;c water supply j$t Flood control ❑ Land containing shellfish
Private water supply Storm damage prevention ❑ Fisheries
❑ ;
Groundwater supply ® .Prevention of pollution ❑ Protection of wildlife habitat
Total Fling Fee Submitted $525 (+$35) State Share. $250..00
City/Town Share $275 (+$35) fee in excess cfSO)
Total Refund Due S 0 City/Town Portion S 0 State Portion S
('h total) (1/2 total)
Effective 11/10/89 �'1
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NORTHAMPTON ZONING BOARD OF APPEALS DECISION j
JAMES I. HUTCHINS, SPECIAL PERMIT AND SITE PLAN APPROVAL
I, PAGE TWO
THE FOLLOWING CONDITIONS SHALL APPLY:
it 1. A turnaround for vehicles shall be added to the rear north
'j corner of the parking lot.
2. Curbing must be installed to define the perimeter of the
i parking lot, as required by §8.10(2) (c) of the Northampton I
Zoning Ordinance.
3 . There shall be an area in front of each dwelling for
loading and unloading of vehicles.
I
4. No dumpster shall be placed on any paved area, or in the
floodplain.
iI 5. All landscaping shall be maintained, and plants be replaced
I. P g
IIif and when they die.
II I
6. Additional landscaping shall be planted on the east side of
j the property to obscure the view of the structure. i
i
7. No plantings taller than two feet shall be planted within
II the 15 foot strip located between the edge of the pavement and i
the property line, on the westerly side of the driveway.
8. The Northampton Conservation Commission's Order of
Conditions for DEP File #246-287, dated April 23, 1991 is
hereby made a part of this decision.
,9. The plan being approved is one entitled, "Proposed
j Apartments Preliminary Site Plan, Bridge Street, Northampton,
Mass, " dated March 5, 1991, bearing the stamp and signature of I
R. Jonathan Henson, Registered Landscape Architect, and
prepared by the Henson/Fuller Group and Harold L. Eaton &
Associates, Inc. , Surveyors.
Robert C. Buscher, Chairman
I
Dr. Peter Laband
M. Sanfo d Weil, Jr.
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DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
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I� At a meeting held on May 1, 1991, the Zoning Board of i
j Appeals of the City of Northampton voted unanimously to GRANT
j the request of James I. Hutchins for a Special Permit under the
Provisions of Section 5.2 of the Northampton Zoning Ordinance,
to allow a three-family dwelling to be constructed in the URB
ij zone at 357 Bridge Street, to replace a dwelling that was
gutted by fire in August, 1990. The Board also APPROVED the
site plan for the project, as required by Section 10.11 of the
Northampton Zoning Ordinance. Present and voting were Chairman
Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr.
I'
As to the Special Permit, the Findings were as follows:
1. The requested use is listed in Section 5.2 of the
Northampton Zoning ordinance as being allowed by Special Permit
in the URB zone. The Board noted that the replacement of the
burned-out structure would be allowed by right.
Ij
2. The requested use bears a positive relationship to the
�! public convenience and welfare, in that it creates three badly-
;; needed three bedroom apartments at reasonable rental levels.
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The new building will be safe for children, and will have a
half-acre play area to the rear of the structure.
3 . The requested use will not create undue traffic congestion i
or unduly impair pedestrian safety. The proposed construction j
of the driveway meets all the concerns of the Department of
Public Works, both as to percent grade and sight distance to
the west.
4. The requested use will have no effect whatsoever on
municipal systems.
i 5. The requested use will not unduly impair the integrity or
j
character of the district or adjoining zones, nor will it be
detrimental._to the health, morals or general welfare. The use
i is in harmony with the general purpose and intent of the
ordinance, which anticipates three-family dwellings in this
zone. The neighborhood is a mixed one, with one- and two-
family dwellings, a five-unit office condominium, a service
station and a public recreation field. The landscaping that is
planned will enhance the neighborhood.
As to the request for Site Plan Approval:
1. The Board finds that the
criteria set forth in §10.11 of
the Northampton Zoning Ordinance have either been met, or
properly waived, and the Site Plan is approved.
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CITY OF NORTHAMPTON
$ g ZONING BOARD OF APPEALS
s a
t
NORTHAMPTON, MASSACHUSETTS 01060
DATE: MAY 16W
RE: THE REQUEST OF JAMES I. HUTCHINS FOR A SPECIAL PERMIT TO ALLOW
CONSTRUCTION OF THREE-FAMILY DWELLING AT 357 BRIDGE STREET, AND FOR
APPROVAL OF THE SITE PLAN.
Pursuant to the Provisions of the General Laws of the Commonwealth
of Massachusetts, Chapter 40A, Section 15, notice is hereby given
that a decision of the Zoning Board of Appeals of the City of
Northampton was filed in the Office of the City Clerk on the above
date GRANTING the requested Special Permit and approving the Site
Plan.
If you wish to appeal this action, your appeal must be filed in
Superior Court within 20 days of the date this decision was filed
in the Office of the Northampton City Clerk.
Robert C. Buscher, Chairman
CITY OF NORTHAMPTON
ZONING BOARD OF APPEALS
NORTHAMPTON, MASSACHUSETTS 01060
DATE: MAY .1 C mi
Certificate of Granting of Variance or Special Permit
(General Laws, Chapter 40A, Section 11)
THE ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON HEREBY
CERTIFIES THAT A VARIANCE OR SPECIAL PERMIT HAS BEEN GRANTED:
TO: JAMES I. HUTCHINS
ADDRESS: 22 WASHINGTON AVENUE
CITY: NORTHAMPTON, MA 01060
AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR
BUILDINGS AT: 357 BRIDGE STREET.
And the said Zoning Board of Appeals further certifies that the
decision attached hereto is a true and correct copy of its decision
granting said Variance/Special Permit, and that copies of said
decision, and all plans referred to in the decision, have been
filed with the City Clerk.
The Zoning Board of Appeals also calls to the attention of the
owner or applicant that General Laws, Chapter 40A, Section 11 (last
paragraph) provides that no Variance or 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 in
the office of the City Cleric and no appeal has been riled or that,
if such appeal has been filed, that it has been dismissed or
denied, is recorded in the Registry of Deeds for the county and
district in which the land is located and indexed in the grantor
index 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.
ZONING BOARD F APPEALS OF THE CITY OF NORTHAMPTON
By:
Robert C. Busc er, Chairman R. J. Pascucci, Secretary