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28-013 (10) City of Northampton, Massachusetts Office of Planning and Development City Hall •210 Main Street Northampton, MA 01060•(413)586.6950 • Community and Economic Development • Conservations Historic Preservation $ �t • Planning Board•Zoning Board of Appeals usn April 14, 1989 RE: THE APPLICATION OF CHRISTENSEN-HOWARD, INC. FOR A SPECIAL PERMIT TO ALLOW A COMMON DRIVEWAY TO SERVE THREE LOTS ON THE WESTERLY SIDE OF SYLVESTER ROAD. 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 Northampton Planning Board was filed in the Office of the City Clerk on April 14, 1989, granting the Special Permit requested by Christensen-Howard, Inc. for property located on Sylvester Road. 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. Nancy P. Duseau, Chair DECISION OF THE NORTHAMPTON PLANNING BOARD CHRISTENSEN-HOWARD, INC. SPECIAL PERMIT REQUEST COMMON DRIVEWAY OFF SYLVESTER ROAD PAGE THREE 11. All work shall comply with that shown on the aforementioned Easement Plan, as well as the plans referenced above. Nancy P. Odseau, Chair / John C-Pnlane G� r. Joseph Beaur and Marion Mendelson Andrew Crystal �1 J s Holeva DECISION OF THE NORTHAMPTON PLANNING BOARD CHRISTENSEN-HOWARD, INC. SPECIAL PERMIT REQUEST COMMON DRIVEWAY OFF SYLVESTER ROAD PAGE TWO constructed so that the property of direct abutter Blakeslee will not be flooded. 4 . No Building Permits are to be issued until the area is loamed, seeded, and approved by the Northampton Department of Public Works. 5 . House numbers, identifying all of the homes utilizing the common driveway, shall be placed at its intersection with the city street for identification by emergency vehicles. 6 . Easements shall be placed on the deeds to the lots granting access to and over the subject parcels. 7 . An Easement Plan, showing said easements, shall be prepared. 8 . Restrictions shall be placed on the deeds to the subject lots: Prohibiting any additional vehicular access to said lots from other than the common driveway approved by this Special Permit Stating that said common driveway is a private driveway and is not a City way. The maintenance, operation and repair, reconstruction (including snow plowing and snow/ice removal) is the responsibility and liability of the property owners. 9 . All utilities to service the lots shall be placed within the common driveway easement and appropriate utility easements shall be placed on the deeds to the subject properties. 10. All such deed easements, restrictions and plans must be recorded at the Hampshire County Registry of Deeds and must be submitted to and approved by the Northampton Planning Board prior to their recording and prior to the issuance of any Building Permits. IAMMOM DECISION OF 9z: NORTHAMPTON PLANNING BOARD ,4 60 At a meeting held on March 23 , 1989, the Planning Board of the City of Northampton voted unanimously to GRANT the request of Christensen-Howard, Inc. for a Special Permit under the Provisions of Section 6 .12, Page 6-10 of the Northampton Zoning Ordinance to allow a common driveway to be created to serve three lots on the westerly side of Sylvester Road, specifically on Parcel 13 , Sheet 28 of the Northampton Assessor' s Maps. Present and voting were Chair Nancy Duseau, John Cahillane, Dr. Joseph Beauregard, Marion Mendelson, Andrew Crystal and James Holeva. The Findings were as follows: The use requested is allowed by Special Permit in the district for which application is made under the Provision of Section 6 . 12 . The use requested bears a positive relationship to the public convenience. The use requested will not create undue traffic congestion or unduly impair public safety. The use requested will not overload any municipal systems. The use requested will not unduly impair the integrity or character of the district, and if constructed according to the submitted plans, will not be detrimental to the general welfare, and will be in harmony with the general purpose and intent of the Ordinance. THE FOLLOWING CONDITIONS SHALL APPLY: 1. There must be certification by a Registered Engineer that the driveway is constructed according to the submitted plans, specifically: "Drainage Plan for Christensen-Howard" prepared by Pharmer Engineering Corp. dated February 8, 1989, (Revised March 15 , 1989 and March 21, 1989) being their Drawing #NO-L-5713-D, and "Sylvester Road Common Driveway," an unnumbered plan dated March 17 , 1989 prepared by Berkshire Design Group. 2. The 12" drainage pipe must be taken out of the ground and examined by the Northampton Department of Public Works to be certain it is acceptable. 3 . The swale on the North side of the driveway must be