17B-010 (8) Planning Board - Decision City of Northampton
File No.: PL- Date: October 11,2001
Pursuant to Massachusetts General Laws (MGL),Chapter 40A,Section 11,no Special Permit and Site Plan Approval,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 and 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: Bill Muller—408 Bridge Road
DECISION DATE: October 11,2001
DECISION FILED WITH THE CITY CLERK: October 25, 2001
...ice
CERTIFICATE OF SERVICE
Pursuant to M.G.L. Chatper 40A, Section 11, I, Angela Dion, Board Secretary, hereby certify
that I caused copies of this Decision to be mailed, postage—prepaid, to the Applicant and
owner on October 25, 2001. r
1. No new curb cuts are proposed. The project separates vehicular and pedestrian movement to the
extent possible.
�. Stormwater will be managed entirely on-site meeting post-construction standards established by the
Department of Environmental Protection.
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be permanently maintained, and replaced as necessary;
5. Prior to the issuance of a building permit for any of the units, all evergreen screens and
plantings shall be in place in accordance with the planting plans, Sheet No. L4;
6. All Northampton Department of Public Works conditions relating to drain connections,
grading and surface drainage must be met;
7. As offered by the Applicant,prior to issuance of a building permit, applicant shall give to the
City thirty thousand (30,000) dollars to be used for a traffic study and/or traffic and safety
mitigation along Bridge Road. The Office of Planning & Development shall have the
authorization to access and expend these funds for the stated purpose any time on or after 6
months has passed from the issuance of the third certificate of occupancy. The Office of
Planning & Development will refund any unspent funds two years from the date of issuance of
the third certificate of occupancy.
8. Prior to the issuance of a building permit,the applicant shall finalize deed restrictions for
affordability as defined in the Northampton Zoning Ordinance, for not less than the greater of
eight (8) units or fifty-seven percent (57%) of the units in the project and submit a copy of the
recordable deeds to the Office of Planning & Development for their approval;
9. As offered by the applicant, a recordable easement document must be submitted to the Office
of Planning & Development for a 10' wide public, pedestrian easement extending from Bridge
Road to the rear of the property and remaining outside of wetland areas, prior to the issuance
of a building permit;
10. Prior to the issuance of a building permit, a copy of the covenants that relate to maintenance of
the private road, open space and annual maintenance of the stormwater controls shall be
provided to the Office of Planning & Development. This recordable deed shall indicate that
stormwater structures shall be inspected at least annually and cleaned as necessary;
11. No certificate of occupancy shall be issued for any units until all conditions of this permit and
all construction shown on the plans have been completed, or until the developer posts a cash
escrow or irrevocable standby letter of credit with the Planning Board that the Planning Board
agrees is adequate to fund the completion of all infrastructure and site improvements. The
format and the issuing agency of the escrow/letter of credit must be approved by the Office of
Planning & Development. The Planning Board may authorize periodic reductions in the
escrow/letter of credit as the project is completed, but in no case shall the Planning Board
release the last twenty thousand (20,000) dollars until two years after the final certificate of
occupancy is issued to insure adequate performance of all improvements, and
12. In addition to the sidewalk shown on the plans,the project shall either provide a sidewalk
along its entire Bridge Road frontage or provide a ten foot right-of-way as the Northampton
Department of Public Works deems to be sufficient to accommodate a sidewalk separated from
the street by a tree belt.
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:
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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 supply and distribution system, sanitary and storm sewage
collection and treatment systems, fire protection, streets and schools. The project will tie into
existing water and sewer systems that have capacity and meets a demand for affordable housing
units for small households and the applicant has agreed to pay thirty thousand (30,000) dollars
for a traffic study and mitigation.
E. The requested use meets any special regulations set forth in the Zoning Ordinance, more
particularly:
1. The Planning Board determined that the standards set forth in Section 10.5, which are
primarily proscriptive in nature, have been met;
2. The Planning Board determined that the standards set forth in Section 10.10 have been
met in that the only one accessory apartment is being created within each single-family
home, there will not be more than one front entrance for each house, and all units will be
owner-occupied. In spite of some public testimony, nothing in the zoning prevents units
from being developed as a condominium project if the other standards are met, and
3. The Planning Board determined that the standards set forth in Section 10.11 have been
met because fifty-seven (57)percent of the units will be affordable and the Open Space
standards for Urban Residential B have been achieved.
F. The requested use bears a positive relationship to the public convenience or welfare because the
use meets a housing demand in the City and provides a public trail access from Bridge Road for
potential future use of public open space.
The use will not unduly impair the integrity or character of the district or adjoining zones, nor be
detrimental to the health, morals, or general welfare and the use shall be in harmony with the
general purpose and intent of the Ordinance.
G. If applicable, the requested use will promote City planning objectives to the extent possible and
will not adversely affect those objectives, as defined in City master or study plans adopted under
M.G.L. Chapter 41, Section 81-C and D because over fifty(50)percent of the building units are
proposed to be affordable housing units.
Conditions imposed upon the project are as follows:
1. Snow shall be stored on-site after plowing and shall not be removed from the site;
2. The access road for this property will not become a public way;
3. All units shall have small refuge sheds, with doors, built on the side of each unit. The sheds
shall only be large enough to store standard sized garbage containers;
4. A revised landscaping plan must be submitted and approved by the Office of Planning &
Development prior to the issuance of the Building Permit showing a minimum of three trees, a
minimum of three feet in height, between each building. All landscaping on the project must
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3. "Road Plan &Profile, 408 Bridge Road, Northampton, Massachusetts" Sheet L3,
prepared by The Berkshire Design Group, Inc., dated May 28, 2001 and revised on July
26, 2001.
4. "Planting Plan, 408 Bridge Road,Northampton, Massachusetts" Sheet L4, prepared by
The Berkshire Design Group, Inc., dated May 28, 2001 revised on October 1, 2001 and
amended by the Planning Board on October 11, 2001.
5. "Detail Plan, 408 Bridge Road, Northampton,Massachusetts" Sheet L5, prepared by The
Berkshire Design Group, Inc., dated May 28, 2001 and revised on July 26, 2001 and
October 1, 2001.
Planning Board Members present and voting were: Chair Dan Yacuzzo, Anne Romano, Kenneth
Jodrie, Keith Wilson and George Kohout.
In Granting the Special Permit & Site Plan, the Planning Board found:
A. The requested use for a Cluster Development in the Residential Overlay District protects
adjoining premises against seriously detrimental uses because the residences proposed
will be similar in size to surrounding residential structures, the access road from Bridge
Road will be screened with a landscape buffer, including an existing tree buffer and the
development will not be viewed from the roadway. In addition, stormwater runoff will be
collected by a closed drainage system into underground infiltration, as depicted on plans
and information submitted with the Special Permit application, and be directed away
from adjoining properties.
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 a sidewalk along the proposed driveway access will be
constructed to allow pedestrians a safe walkway into and within the development. There
will be a single access into the development rather than multiple access locations that will
allow access by emergency vehicles. The access road will not become a public way. In
addition, off street parking will be provided for each unit.
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. More
than fifty(50)percent of the natural landscape will be preserved and structures will be
built around the topographic features. Also, the clearing of trees will be minimized in the
construction area, and new trees will be planted between each unit and along the property
boundaries. Further, the landscaping on the site will be permanently maintained and
replaced, as necessary.
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> i PLANNING AND DEVELOPMENT • CITY
OF NORTHANJ1STpN
Cit;V Hall• 210 Main Street,Room i i • Northampton,MA or oho-3198 •14131587-��G6 • Pax:587-1264
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OCT 2 5 2001
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DEPT Of BUILDING INSPECT#ONS
mnowfiMPTON,MA OIM
DECISION OF
NORTHAMPTON PLANNING BOARD
APPLICANT: William Muller
ADDRESS: 192 Academy Hill Road
Conway, MA 01341
OWNER: Stephen Petegorsky
ADDRESS: 134 North Street
Northampton,MA 01060
RE LAND OR BUILDINGS IN NORTHAMPTON A g 'r
MAP AND PARCEL NUMBERS• , .17$ 'AR+CLL: 1h
PROPERTY RECORDED AT THE HAMPSHIRE COUNTY REGISTRY OF DEEDS IN
BOOK 46, PAGE 36
At a meeting conducted on October 11, 2001, the Northampton Planning Board (unanimously)
voted 5:0 to GRANT the request of William Muller for a SPECIAL PERMIT AND SITE
PLAN APPROVAL under the provisions of Sections 5.2, 10.1, 10.5, 10.11 & 11.0 of the
Northampton Zoning Ordinance, for a Cluster Development in the Residential Incentive Overlay
District (affordable housing) for property located at 408 Bridge Road in accordance to the
following plans:
1. "Layout Plan with Attached Accessory Apartment, 408 Bridge Road, Northampton,
Massachusetts" Sheet L1, prepared by The Berkshire Design Group, Inc., dated May 28,
2001 and revised on July 10, 2001, July 18, 2001, July 26, 2001 and September 11, 2001.
2. "Grading& Utilities Plan, 408 Bridge Road, Northampton, Massachusetts"Sheet L2,
prepared by The Berkshire Design Group, Inc., dated May 28, 2001 and revised on July
18, 2001, July 26, 2001, September 11, 2001 and October 1, 2001.
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