17B-010 (6) r'
DECISION FOR AN APPEAL
OF THE NORTHAMPTON PLANNING BOARD SITE PLAN REVIEW
UNDER MGL CH. 40A, SECTIONS 8 AND 15
On March 13, 2003, the Northampton Zoning Board of Appeals voted: 3:0 to
deny the Appellant's claim and uphold the decision of the Northampton Planning Board
and determined that the action of the Northampton Planning Board Site Plan Review
(major project) for Cluster Development in the Residential Incentive Overlay District
(affordable housing) approved on October 11, 2001 for property located at 408 Bridge
Road, Map 17B, Parcel 10, is not within the jurisdiction of the Northampton Zoning
Board of Appeals.
This Decision is dated: March 13, 2003
This Decision was filed with the City Clerk on: March 25, 2003
Anyone aggrieved of this decision may file an appeal in accordance with MGL Ch. 40A,
Section 17, with the Hampshire County Superior Court, Land Court or the Northampton
District Court and file notice of said appeal with the City Clerk within twenty(20) days
of the date that this decision was filed with the City Clerk.
a
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2. Site Plan Approval with Special Permit (which is relevant in this case) "Where the
municipal body charged with the site plan review is designated a special permit granting
authority for that purpose, a site plan review decision is directly appealable to the
Superior Court pursuant to G.L. c. 40A, § 17 (Quincy v. Planning Board of Tewksbury,
39 Mass.App.Ct. 17, 20 (1995) (citations omitted)).
3. The Zoning Board of Appeals has determined that the appeal of the action of the
Northampton Planning Board Site Plan Review is not within the jurisdiction of the
Northampton Zoning Board of Appeals. Such appeals should be directed to the courts at
the appropriate time.
4. The applicant's Appeal application did not provide any substantive reason for their
Appeal and did not provide any definitive information that the Zoning Board has
jurisdiction to hear this appeal.
CERTIFICATE OF SERVICE
Pursuant to M.G.L. Chapter 40A, Section 11, 1, Angela Dion, Board Secretary, hereby
certify that I caused copies of this decision to be mailed, postage-prepaid, to the applicant
and owner on March 25, 2003.
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PLANNING 13N -Ci.l`U 1J VELO5.1'VAl`�I CITY�' 1Po ORil 1- 1'$1'J3�L
City Hall• 2 i o Main Street,Room ii • Nort[)ampton,MA o i o60-3 z 98 •413)S8--i266 • Fax:587-1264
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Wayne Feideni Director • 171 canning @tiortham)7tonplanning.org i1)WYV.nortf)aliiptomptanning.org
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DECISION FOR AN APPEAL OF THE NORTHAMPTON PLANNING BOARD SITE
PLAIT REVIEW UNDER MGL CHAPTER 40A, SECTIONS 8 AND 15
APPLICANT: Hutchins Family Partnership et al
c/o Michael Pill, Esq. P
ADDRESS: 37 Leverett Road t,,^.R 2 r,
P.O. Box 242
Shutesbury, MA 01072 -
OWNER: Stephen Petegorsky
ADDRESS: 134 North Street
Northampton; MA 01060
RE LAND OR BUILDINGS LOCATED A p",#
MAP AND PARCEL NUMB
PROPERTY RECORDED IN THE HAMPSHIRE COUNT'REGISTRY OF DEEDS IN
BOOK 5995,PAGE 328.
Members present and voting: Chair Bob Riddle, Sara Northrup and David Bloomberg.
In reviewing the request by the Hutchins Family Partnership et al for an Appeal of 408 Bridge
Road Site Plan Approval under § 10.11 (sic) of the Northampton Zoning Ordinance dated
October 11, 2001 by the Northampton Planning Board for property located at 408 Bridge Road,
Map 17B, Parcel 10, the Zoning Board of Appeals made the following determination:
1. Site Plan Approval without a Special Permit "...is not appealable under M.G.L.A. c. 40A
§_8-a right of appeal does not arise until a building permit is issued or denied." (Dufault
v. Millennium Powers Partners, L.P., 49 Mass.App.Ct.l37 727 N.E.2d 87 (2000) and St.
Botolph Citizens Committee, Inc., v. Boston Redevelopment Authority 429 Mass. 1 9
(1999)).
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