02-019 (5) The applicant is a contract purchaser of Mr. Corbett's
proposed flag lot. The applicant is responsible for securing
necessary approvals for use of the lot as a single family
residence. The proposed flag lot will have access over abutter's
property and therefore requires shared driveway approval.
The applicant's sketch plans show the proposed flag lot plan:
Exhibit 1. The applicant's building envelope on Exhibit 2 is based
upon the applicant's view of the lot that on Exhibit 1 line "A" is
the front line, line "B" the rear lot line and line "C" a portion
of the side lot line for setback purposes.
Applicant's Exhibit 2 shows the existing driveway servicing
the residence of Dr. Lang and subject to Lawrence Corbett's right
of way. The maximum grade is 13%. Grade at the intersection with
North Farms Road is considerably less. Exhibit 2 shows the
building envelope as setback from side lot lines 401 . Front and
rear setbacks are in excess of minimums (front 801 , rear 1001 ) .
Location of applicant's residence will be entirely within the
building envelope.
Applicant's leach field will be located on property of
Lawrence Corbett per sanitary easement to be drafted. See Exhibit
1.
Applicant believes this zoning permit should be rejected as
two special permits are required:
1) flag lot special permit; and
2 ) shared driveway special permit.
2�5
. � Date Filed :p ti! ij 1� File No,
IN ERMIT APPLICATION (510. 2)
1 . Name afDE� ga3>i,.TEun i is M. 'Sullivan
Addre s : r�, T `i "' n MA 01060 Telephone: 586_9422
2 . Owner of Property: Lawrence Corbett _
Address : 589 North Farms Road, Northampton, MA Telephone: _
01060
3 , Status of Applicant: Owner x Contract Purchaser
! Lessee Other (explain:
4 , Parcel Identification: Zoning Mai; Sheet# 2 Parce! � 19 ,
Zoning District (s) (includg overlays) R-R
Street Address )ILII L , ] ------ —
12ecraired
5 , Existing Proposed 1by_ 20nin
Use of Structure/Property vacant land single family
(if project is only interior work, skip to #6) flag lot
Building height
%Bldg . Coverage (Footprint) less than 1.5%
i Setbacks - front 80+
- side 40
- rear 100
Lot size 6.612 acres _
Frontage 69-981
Floor, Area Ratio _
%open Space (Lot area minus 90%+ —
building and parking) __—
Parking Spaces --
Loading --
Signs -- - ---
Fill (volume & location)
6 . Narrative Description of Proposed Work/Project: (Use addition, _,bests
if necessary) Approval of flag lot and building' envelope thereon_
Approval of shared driveway (see attached narrative___ —
7 . Attached Plans : xx Sketch Plans Site Plan
8 . Certification: I hereby certify that the information contained he ein
is true and accurate to the best of my knowledge.
G
.Date: 11 Applicant ' s Signature : lut� %!J !I.
—THIS SECTION FOR OFFICIAL USE ONLY:
Approved as presented/based on information presented
c7benied as presente,
aso tor De ' al : , 1. '7 �,
�L/ =d��
91gnatur6 of Buil pector Date ---
NOTE: lwuance of a zoning permit does not roliovo an applicant's burden to comply with all zoning requirements and obtairt bit ra,uitvd punr•h
frorn the Board.of hlonhh, Conservation Commission, Dopartmont of Public Works and other applicable pennit granting authoritica.
PR PARcD . 02/2?l y2 CITY OF ;:,RTnAAPTJ a ?A ;" 1
OFF+Cll,AL A3UTT=R ' S L:::T
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MARTIN JAMES R JR ?. JANE' 4WN 54c NORTH FAR",'S U FL 07 -001 -001
34o ACRTm FAR*A6 RD
FLORENCE MA 1`0100J
JEKANOASKI LEO`JARD C 549 '40RT.ti FAmm,.3 RD FL 07 -727-001
549 NOkTH FAVIS RD
FLORENCE MA 01J63
TEECE f4ARK N G DEWoI = A 6'i_2 NOr T;A F.AR 1S RID O , -023-OJ1
602 :FORTH FARMS RD
NORTHAMPTON MA 01000
KUKTiS JONATHA. R & %,JUZkNNE S 569 iVO4Tri FAR:! RD 02 -020-001
569 AORTA F.ARIS RD
NORTHAMPTON MA 01000
COR�scTT LVARENCE E & RITA D 539 �NOR%7- FARM--, KD G2 -019-O31
5?9 NORTH FARIS RD RFD #1
NORTHAIPTCN 11A 01060
a03GINS DcNILE M C50 NORTH FARMS RD FL t72 -021 -O01
- 660 ,NORTH FARMS RD
FLORENCE MA '31J50
DEROSE CHARLES W & LiILA K ENO;TH FA?AS RD OC -003-001
:677 NORTH FARMS RD
'ORTHA 7PTON MA. 01003
DEROSE CHARLES W & LEILA K 60t NORTH FAR!1S RD 02 -001-001
577 NORTH FARMS ROAD
4ORTHAMPTON MA 01000
---------------------------------------------------------- ---------------------
ASSESSOR ' S CERTIFICATION
DATE -------=—���,- =-------
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NORTHAAPTCA as 010o]
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666 WORTH FARMS R)
FLORENCE MA 01 ]60
)ER)3E CHARLES k 3 LEILA < 602 NCRTa FARMS RD ' gz -]51 -001
§77 NORTH FRRS3 ROAD
NORTHAAPTON M& 01 [63
- . , -----------------------------------------------------------------
ASSESSOR ' S CE .<TIF: (ATI)] 6.
DATE --- �J -� -----------
6 Review/Approval Criteria
A. The flag lot for the proposed single family residence is
a wooded lot. The flag lot ordinance requires buffers of twice the
dimensions normally required in the zone. These buffers will be
woods in its natural state enhanced by coniferous plantings.
B. The vehicular and pedestrian movement within the site will
be consistent with its use as a single family residence.
C. Parking and loading spaces will be consistent with the
single family residence. The single family residence will be built
within the building envelope. The plan is for the residence t-o be
relatively low in height and responsive to the open space and
topography characteristic of the lot.
D. See C above.
E. The residence will have its own well and its own sanitary
sewer system.
F. The performance standards are not applicable to a single
family residence.
For the above reasons, the applicant requests that site plan
approval and the special permit be granted for the flag lot, shared
driveway project as presented.
proposed building envelope. The setbacks are shown as a
dotted line. They determine the proposed building envelope.
The applicant requests a waiver of the remainder of this
requirement in that the proposed building is neither designed
nor lDcated upon the property and such information would not
be required for a single family residence.
4 . The land will be used for a single family residence.
5 . The applicant requests a waiver from the two-foot
topography requirement.
6 . `:'he l(-caticn of parking and loading areas, public and
private ways, driveways, walkways, access and egress points,
including proposed surfacing, are shown on the proposed plan
to the extent they are necessary for the approval of a flag
lot.
7 . The existing structures are shown on the plan.
S. The applicant requests a waiver from this requirement in
that it would not be required for a single family residence.
9 . There will be no proposed signs other than those required
to direct users of the shared driveway to the appropriate
residences.
10 . Not applicable.
11. Not applicable.
WHEREFORE, the applicant requests that the Planning Board
accept the site plan as presented.
Section_10 - 11 Site Plan Approval/Special Permit Process
The applicant's flag lot and shared driveway project requires
a site plan review/approval because it is a project which requires
a special permit (Zoning Ordinance 10.11( 2) , Page 10-6) .
Site Plan Waivers Requested:
The requirements of a site plan are shown on pages 10-9 and
10-10 of the local Zoning Ordinance. With respect to each of the
criteria, the applicant states that it has met the criteria stated
or requests a waiver as follows:
B. The scale of one inch to 40 feet. The applicant requests
a waiver and submits a plan at one inch to 100 feet. The applicant
states that the plan is to the scale necessary for the filing of
the plan in the Registry of Deeds as required by the Zoning
Ordinance. A one in forty scale would require two sheets and not
be consistent with Registry regulations.
1. The name and address of the owners and the developer and
date and scale of the plans are shown on the plans. The
project has no name.
2. Location and boundaries of the lot: The adjacent streets
and ways and the location and owners' names of all adjacent
properties on the North side of Mountain Farms Road within 300
feet are shown. There are no zoning district boundaries in
this area The owners of the property across the street
within 300 feet are not shown and the applicant requests a
waiver from this requirement.
3 . Mr. Corbett's existing building is shown. The location of
the proposed building is not known. It will be within the
7 . Sullivan will keep in force adequate insurance to protect
Lang from any potential liability that may result to Lang from the
use of the common driveway by agents, servants, guests or invitees
of Sullivan or anyone using the common drive with the permission of
Sullivan.
8 . The provisions of this agreement shall be binding upon and
inure to the benefit of the respective parties, heirs, successors
and assigns.
9 . This provision of this agreement may be enforced by an
action at law under contract by either party in any Court of
competent jurisdiction. This entire agreement shall be deemed to
be a covenant between the parties of this agreement affecting title
to the property of Lang and Sullivan and their heirs, successors
and assigns.
IN WITNESS WHEREOF', the parties have hereunto set their
resp tive hands and seals as of the date first indicated above.
i e s Patrick J. LkLng
itness Rebecca Lang
Witness Virginlia M. Sullivan
Witness Lawrence E. Corbett
Witness Rita D. Corbett
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss. October 31, 1991
Then personally appeared before me the above named Virginia M. Sullivan
and declared the foregoing instrument to be her free act and deed.
Notary Public
My commission expires:
SHARED DRIVEWAY AGREEMENT
AGREEMENT made as of this 31 day of October, 1991 among
PATRICK J. and REBECCA LANG (hereinafter "Lang" ) , VIRGINIA M.
SULLIVAN (hereinafter "Sullivan" ) and LAWRENCE E. AND RITA D.
CORBETT (hereinafter "Corbett" ) .
In consideration of the purchase by Sullivan from Corbett of
a flag lot situated on the Northeasterly side of North Farms Road,
Northampton, Hampshire County, Massachusetts, by dead of
recorded in the Hampshire County
Registry of Deeds as Document No. , Book , Page
the mutual_ promises set forth herein and for other good and
sufficient consideration, the parties hereto agree as follows:
1 . Patrick J. and Rebecca Lang are the owners of residential
property on North Farms Road subject to a right-of-way in favor of
Corbett over an existing roadway to 300' north of North Farms Road.
Hampshire County Registry of Deeds Book 2376 , Page 02.
2 . Lawrence E. and Rita D. Corbett have conveyed to Virginia
M. Sullivan by deed recorded herewith parcel 1-A containing 6 .612
acres as shown on a plan of land of Northampton, N�assachusett
prepared for Virginia M. Sullivan recorded in the Hampshire County
Registry of Deeds in Plan Book , Page , which parcel is
benefited by the aforementioned right-of-way.
3 . Section 6 . 12 of the City of Northampton, Massachusetts
Zoning Ordinance as amended through March 21, 1991 provides for
Common Driveways by special permit.
4 . The existing driveway to the Lang residence from North
Farms Road to a point 300' north of North Farms . Road shall be a
Common Driveway for the purposes of providing access which will be
the only vehicle access to the land of Virginia M. Sullivan
previously referred to as parcel 1-A, her heirs, successors and
assigns.
5. Sullivan shall pay for the cost of any improvements to the
Lang driveway as it now exists which will be required to secure a
special permit for the driveway to be used as a Common Driveway.
6. From the date of the conveyance from Corbett to Sullivan,
all subject to the Special Permits as required by the City of
Northampton Zoning Ordinance, Sullivan, her heirs, successors and
assigns, agrees to pay 50% of the reasonable costs of the care of
said common driveway, which runs from North Farms Road to a point
ten feet north of the division of said Common Driveway into the
portion servicing the Lang residence and the portion servicing the
Sullivan property. Said reasonable costs to include maintenance' of
the common drive surface, snow removal, maintenance and repair of
drainage structures and mowing of the shoulders.
Z37 b 3
The Grantors reserve the right to pass and repass with or without vehic es
over the existing roadway, which leads from North Farms Road to Parcel
1 at a point approximately 300 feet northerly of North Farms Road.
.�;.'.t4;:S�;V(i.�f�{ Or AhASS.hQiL• its
• ii
Executed as a sealed instrument this 5th day of August, 1983 `
;.ayreence E. rb tt
Rita D. Corbett fI
II
1
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�ibt�81GUIQi111lE�lt�of�lassac�useit� .
HAMPSHIRE "" August 5, 1983
Thcn personally appeared the above named Lawrence E. Corbett and
Rita D. Corbett
and acknowledged the foregoing instrument to be their free act and deed,
befom me,
Nomry Nuie
XatagC0�7r9CiQ9eft
111y oommiyaion expires Vb 19 g�
Date 19W at-Q-2 oclock end-1.1�mmuten-e-M.Recd,ent'd and-examd
1
i
-7�- z
09-708
KNOW ALL MEN BY THESE PRESENTS
THAT WE, Lawrence E. Corbett and Rita D. Corbett
of Northampton, Hampshire County,Massachusetts,
i in consideration of Eighteen Thousand and No/100 ($18,000.00) Dollars
,
{
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!
grant to Patrick J. Lang and Rebecca Lang, husband and wife,
1 as tenants by the entirety,
f i
Of 422 North Farms Road
Northampton, Hampshire County,
with marranig ranrnatdn f
tflRxillo
A certain tract or parcel of land situate in Northampton, Hampshire
County, Massachusetts and shown as Parcel 2 on a plan entitled "Plan
of Land in Northampton, Massachusetts surveyed for Lawrence E. Corbett"
dated June 28, 1983 prepared by Almer Huntley, Jr. & Associates, Inc.
and is more particularly bounded and described as follows:
Beginning at an iron pin set on the northeasterly sideline of North
Farms Road at the southeast ccrner of land of Patrick M. Goggins and
Denise M. Goggins, said point also being the southwest corner of the
herein described parcel; thenca running
N 20° 01' 33" E along land of said Goggins 959.85 feet to an iron pin
set on the Northampton-Hatfield Town Line; at a point bearing S 87"
12' 45" E and 116.17 feet from a granite monument marking the common
corner of the Towns of Williamsburg, Hatfield, and Northampton; thence
running
S 87° 12' 45" E along the Northampton-Hatfield Town Line a distance of
261.76 feet to an iron pin set; thence running
S 200 01' 33" W along land of Lawrence E. Corbett and Rita D. Corbett
a distance of 500.00 feet to an iron pin set; thence running
N 87° 12' 45" w along land of said Corbett a distance of 153.75 feet
m to an iron pin set in a stone wall; thence running '
a S 12° 19' 00" W along-said stone wall and land of said Corbett a
distance of 405.09 feet to an iron pin set; thence running
S 20° 01' 33" W along land of said Corbett a distance of 163.63 feet
NE to an iron pin set in the northeasterly sideline of !north Farms Roadr
D. E thence running
[ N 49° 05' 23" W along the northeasterly sideline of said North Farms
�
u Road a distance of 131.35 feet to a paint; thence running
z z N 32° 47' 58" W along the northeasterly sideline of said North Farms
Road a distance of 43.65 feet to the point of beginning.
vi Containing 4.510 acres, more or less.
N
i 01
Being a portion of the premises described in% deed of Federal Land
Bank of Springfield to Lawrence E. Corbett and Rita D. Corbett dated
l December 9, 1954 and recorded in Hampshire County Registry of Deeds,
Book 1185, Pages 384 and 385; deed of Alvertus D. Morse, Trustee under
u the will of John C. Strubbe to Lawrence E. Corbett and Rita D. Corbett
o. dated November 11, 1954 and recorded in Hampshire County Registry of
r w Deeds, Book 1185, Page 386; deed of Joseph F. Huber and Jean E. Huber
a to Lawrence E. Corbett and Rita D. Corbett dated November 10, 1954 and
recorded in Hampshire County Registry of Deeds, Book 1185, Page 387=
and deed of Robert N. wade and Audrey S. Wade to Lawrence E. Corbett
and Rita D. Corbett dated April 8, 1968 and recorded in Hampshire
County Registry of Deeds, Book 1527, Page 616.
i
I
i
!
i
14. NOTICE
All notices hereunder to be given in writing to the SELLER are
to be mailed to Attorney Leonard Jekanowski, and to the BUYER are
to be mailed to Attorney Benjamin A. Barnes.
15 . CONSTRUCTION OF AGREEMENT
This instrument, executed in duplicate originals, is to be
construed as a Massachusetts contract, is to take effect as a
sealed instrument, sets forth the entire contract between the
parties, is b .-.ding upon and enures to the benefit of the parties
hereto and their respective heirs, devisees, executors,
administrators, successors and assigns, and may be cancelled,
modified or amended only by a written instrument executed by both
the SELLER and the BUYER. If two or more persons are named herein
as BUYER their obligations hereunder shall be joint and several.
The captions and marginal notes are used only as a matter of
convenience and are not to be considered a part of this agreement
or to be used in determining the intent of the parties to it.
� � G =
Virgi is M. Sullivan, BUYER Lawrence E. Corbett, SELLER
Rita D. Corbett, SELLER
cQS
11. DEPOSIT
All deposits made hereunder shall be held in escrow by
Attorney Leonard Jekanowski, an escrow agent subject to the terms
of this agreement and shall be duly accounted for at the time for
performance of this agreement.
12 . BUYER'S DEFAULT: DAMAGES
If the BUYER shall fail to fulf-ill tae BUYER's agreements
herein, all deposits made hereunder by the BUYER shall be retai.ied
by the SELLER as liquidated damages without further recourse to
SL`Mxt = BUYER.
13 . CONTINGENCIES
SELLER acknowledges that BUYER is purchasing this lot for use
as a building lot for a single family residence and that the
following are required before a building permit will issue on said
lot:
1) flag lot special permit from the Planning Board of the
City of Northampton;
2) common driveway special permit from the Planning Board of
the City of Northampton;
3 ) utility easement from Patrick J. and Rebecca Lang;
4) septic system permit (new plans required, prior perc test
is valid) ; and
* 5) source of potable water (a well) .
BUYER acknowledges that all expenses connected with the
requirements numbered 1 through 5 above are to be paid for by the
BUYER and are not deductible from the purchase price. BUYER further acknowledg
that SELLER owes no other sums at rBesent, in c nneP��t��ion with this tramsac ion to the
Survey BUYER n antialtEv� w fir opf ages &taerBt�YFQ�sot �rlwi'� tooas arrange
,r• acCnow e
' purchase is contingent upon the five above-listed requirements,
iwhich requirements BUYER will endeavor to achieve prior to the date
the special permits become final. If BUYER is unable to remove
contingencies 3 , 4 or 5 prior to the closing date set forth above,
BUYER may request and SELLER shall grant an extension of the
closing date for ninety (90) days. At the conclusion of said
ninety (90) days, BUYER shall either close or terminate this
contract and all amounts paid by BUYER to the SELLER shall be
returned to BUYER without further recourse to BUYER or SELLER.
*In the event the well is installed (at BUYER's expense) and the closing is not
consummated through no fault of SELLER, BUYERS shall leave all elements of same in
operable condition for benefit of SELLER and upon the voiding of further contractual
obligations, SELLER shall have legal title to same as a fixture, without any reimburse-
ment of any nature to BUYER.
**by B. Barnes or BUYER.
U �
The time of the closing at 10:00 A.M. at the office of Barnes &
Etheredge Law Offices, One Roundhouse Plaza, Suite 202,
Northampton, Massachusetts, unless otherwise agreed.
6 . EXTENSION TO PERFECT TITLE OR MAKE PREMISES CONFORM
If on the date of the closing, the SELLER shall be unable to
give title as herein stipulated, the SELLER shall give written
notice to the BUYER at or before the time of performance hereunder,
and the time of performance shall therupon be extended for a
period of thirty (30) days. If, at the expiration of the thirty
(30) days or any �..ctension thereof, the SELLER shall have failed to
make the premises conform, then any payments made under this
agreement shall be forthwith refunded and all other obligations of
the parties .hereto shall cease, and this Agreement shall be void
without recourse to the parties hereto.
7. BUYER'S ELECTION TO ACCEPT TITLE
The BUYER shall have the election, at either the original or
any extended time for performance, to accept such title as the
SELLER can deliver to the premises in their then condition and to
pay therefor the purchase price without deduction, in which case
the SELLER shall convey such title without further responsibilities to
cure the same.
8 . ACCEPTANCE OF DEEDC��
The acceptance of a deed by the BUYER shall be deemed to be a
full performance and discharge of every agreement and obligation
herein contained or expressed, except such as are, by the terms
hereof, to be performed after the delivery of said deed and except
such obligations as are expressed in the deed to this lot from
SELLER to BUYER.
9 . USE OF MONEY TO CLEAR TITLE
The SELLER may at time of delivery of the deed use the
purchase money to clear the title, provided that all instruments so
procured are recorded simultaneously with the delivery of said
deed, unless otherwise agreed.
10. ADJUSTMENTS
Taxes shall be adjusted and prorated to the date of the
closing.
l/�A4
r
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PURCHASE AND SALE AGREEMENT
CORBETT FLAG LOT, NORTH FARMS ROAD, _NORTHAMPTON, MA
This second day of March, 1992.
1. PARTIES
LAWRENCE E. CORBETT and RITA D. CORBETT, hereinafter called
the SELLER, agree to SELL, and VIRGINIA M. SULLIVAN, hereinafter
called BUYER, agrees to BUS, upon the following terms the
premises as more particularly described below.
2. DESCRIPTION OF PREMISES
The Corbett flag lot shown as Parcel 1-A consisting of 6.612
acres as more particularly described on Exhibit A attached hereto,
which Exhibit consists of a copy of the plan to
be recorded entitled "Plan of Land in Northampton, Massachusetts
Prepared for Virginia M. Sullivan, September 20, 1991. "
3 . TITLE DEED
Said premises are to be conveyed by a good and sufficient
*warranty deed running to the BUYER, and said deed shall convey a
good and clear record and marketable title thereto, free from
encumbrances, except
(a) Provisions of existing building and zoning laws;
(b) Such taxes for the then current years as are not due and
payable on the date of the delivery of such deed; and
(c) Easements, restrictions and reservations of record, if
any, so long as the same do not prohibit or materially interfere
with the current use of said premises.
*or such other covenants received by Seller
4. PURCHASE PRICE
The agreed purchase price of said premises is SIXTY THOUSAND
($60 ,000.00) DOLLARS, of which ONE THOUSAND ($1,000.00) DOLLARS
have been paid as a deposit this day and FIFTY-NINE THOUSAND
($59 ,000.00) DOLLARS are to be paid at the time of delivery of the
deed by trust account check drawn on the account of Barnes &
Etheredge Law Offices, Inc.
5 . TIME FOR PERFORMANCE
Closing to be on or before the 10th business day following the
expiration of all appeal periods on the required special permits.
twenty day
Special Permit Criteria Applied to Common Driveway
A. The shared driveway use is set forth in Section 6 . 12 of
the Zoning Ordinance.
B. The requested use bears a positive relationship to the
Public ccnveniance acid wel _are in that it permits the sharing of an
existing driveway rather than requiring the construction of a
parallel drive and an additional curbcut on the street.
C. The requested use must not create undue traffic congestion
or unduly impair pedestrian safety. As explained in connection
with the flag lot special permit, the number of trips will not
create any noticeable change in the traffic on North Farms Road or
impair any pedestrian safety.
D. The construction of the driveway will not have any impact
on any public water drainage or sewer system.
E. There are no special regulations applicable here.
F. The requested use is consistent with the Zoning Ordinance,
the character and integrity of the Rural-Residential area in this
part of Northampton in which there are numerous houses located away
from the street at the end of driveways of the same or similar
length as that proposed here. Consequently, the use is in harmony
with the general purpose and intent of the Ordinance.
Wherefore, the applicant requests the Planning Board to allow
the shared driveway as proposed and shown on said plan consistent
with the Shared Driveway Agreement attached hereto which shall be
duly recorded in the Hampshire County Registry of Deeds upon
conveyance of the flag lot from Corbett to Sullivan.
than 300 feet between turnouts and with the first such passing
turnout being located at the driveway connection to the
street. The shared driveway is less than 300 feet in length.
The first turnout is shown at the entrance to the driveway.
3 . The driveway must meet the prior approval of the DPW and
the Fire Departments. These approvals have been granted.
4 . Shall conform to all of the driveway requirements of the
Zoning Ordinance. The existing and shared driveway comply
with all other driveway requirements.
Section 6 12 - Vehicular Egress/Access to a Lot and Common Driveway
The requirements for a shared driveway are set forth in the
Northampton Zoning Ordinance at Section 6 .12 at Page 6-14 . The
only access to Parcel 1-A as shown on the plan will be over the
Fide lot line as permitted by an existing right-of-way across the
land of Patrick and Rebecca Lang, Hampshire County Registry of
Deeds Book 2376 , Page 2 . The requirements set forth in the Zoning
Ordinance are met by the existing driveway and proposed driveway.
A Said common driveway shall not service more than three
rots. The driveway serves two lots only.
B The common driveway shall provide the only vehicular
access to the lot being serviced by it and shall be so stated in
the deed to the subject lot. The deed from Corbett to Sullivan
will state that the only access is across the right-of-way as
reserved to Corbett in the Hampshire County Registry of Deeds Book
2376 , Page 2.
C The grade length and location of the common driveway
shall be of suitable construction for the access and turnaround of
the number of types of vehicles including moving vans ambulances ,
fire and police which will be utilizing such driveway. Such common
driveway:
1. shall have a width of at least fifteen feet 15 feet is
provided and is shown on the plan as a 12-foot bituminous
concrete surface with four-foot plus or minus grass shoulders
one each side.
2 passing turnouts providing a total width of at least 20
feet along a distance of at least 25 feet spaced with no more
drainage or sewer system or any other municipal system to such an
extent that a hazard affecting health, safety and the general
welfare in the immediate or in any other area of the City will be
created. The residence will have its own water and will not be
dependent on city storm sewer or sewer systems.
E. Not applicable.
F The requested use must not unduly impair the integrity or
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. The
residential development of back lot land in this portion of
Northampton is consistent with current practice. There are
numerous houses built well back from the street in this part of the
City. This use of the property is consistent with the integrity
and character of the existing Rural-Residential zone. It will not
interfere with the health, morals or general welfare. The
applicant requests that this special permit for a flag lot be
granted.
Special Permit Criteria/Flag Lot:
A The requested use of the property as a flag lot is
authorized by Section 6 . 13 of the Zoning ordinance at Page 6-15 .
The requested use of tKe flag lot as a single family residence in
an R-R zone is shown in the Table of Use Regulations on Page 5-2 as
a single family residence allowed in the R-R zone.
B The requested use must bear a positive relationship to the
public convenience or welfare. The requested use of the property
as a flag lot permits sensitive development of residential land
within the City without the necessity of a full-blown subdivision
road. The flag lot also encourages less intense development of
back land throughout the City which is consistent with the goals of
preservation of open space and conservation of a subdued
residential character. The construction of the residence will
increase the tax base of the City. Therefore, the use as a
residential lot bears a positive relationship to the public
convenience and welfare.
C The requested use must not create undue traf f is congestion
or unduly impair Pedestrian safety. The addition of a single
family residence which shares a driveway opening onto North Farms
Road will provide at most an increase of five or six trips a day of
traffic on North Farms Road. There will be a barely perceptible
increase in the traffic. There will be no impairment of pedestrian
safety as a result of these additional trips. The driveway at the
entrance is an existing driveway. There is no sidewalk on North
Farms Road at that point.
D The requested use must not overload any public water
will be handled on site by sheet drainage off the
existing driveway and proposed driveway onto the mowed
shoulders on either side. No additional drainage
structures are required.
be of a suitable construction in the opinion of the Planning Board.
Said driveway shall conform to all applicable provisions of the
Zoning Ordinance. The existing and proposed driveway will conform
to the provisions of the Zoning Ordinance in that it consists of an
existing twelve-foot wide bituminous concrete drive with a four-
foot plus or minus grass shoulder on each side. There is a maximum
grade of 130 . The driveway is less than 300 feet long and the
first proposed passing turn is shown at the entrance drive as 20 by
25 feet as required for shared driveways. The Sullivan residence
will provide turnaround space appropriate to residential parking.
K The plans submitted to the Planning Board under this
section shall be the same as the plans submitted to the Planning
Board on the subdivision control law and shall include the
statement "Lot is a flag lot; building is permitted only in
accordance with the special flag lot provisions of the Northampton
Zoning Ordinance. " The plan attached hereto is for recording in
the Hampshire County Registry of Deeds and meets all requirements
therefor and bears upon it the note "Lot 1-A is a flag lot.
Building is permitted only in accordance with the special flag lot
provisions of the Northampton Zoning Ordinance. "
L The following additional information shall also be
submitted with the Special Permit application:
1 A plan showing
aj the location and layout of the proposed driveway and
house. The layout of the proposed driveway and building
envelope are shown on the plan.
b) All provisions for drainage and storm water runoff
feet. Therefore, 100 feet is required. The structure will be in
excess of 500 feet from the rear lot line.
F The maximum building coverage allowed shall not exceed
two-thirds of that normally provided in the district. The building
coverage is 10% (two-thirds of 15%) . The building coverage of the
proposed structure will be less than 1.5%.
G The minimum open space presented shall not be less than
85%. The square footage of the lot is in excess of 288,000 (6. 612
x 43560 = 288 ,018. 72) . 85% is 244 ,815. Subtracting the area of
open space from the total area of the lot leaves ,'3 ,aA?, square feet
available for building and driveway coverage. It is estimated that
the driveway and building coverage will be less than 10 ,000 square
feet.
H The lot shall be laid out such that the principal
structure may be located in such a manner that a_ circle with a
minimum diameter equal to one and one-half times the amount of the
minimum frontage required for a non flag lot in that district can
be placed around the principal structure without any portion of
said circle falling outside of the property's line. See the
attached plan which shows the above-mentioned circle as follows:
The frontage in a rural residential zone is 175 feet. One and one-
half times that is 262.5 feet. A circle with a diameter of 262.5
has a radius of 131. 25 . A circle with that radius is shown on the
plan. The proposed envelope is entirely within that circle.
I. Not Applicable. This is a single lot, not a contiguous
flat lot.
J The grade length and location of the access driveway shall
Section 6 13 of Flag Lot Approval:
The requirements of a flag lot are set forth on Pages 615 and
6°16 . The Planning Board may issue a Special Permit allowing a
flag lot in the R-R district when the lot is to be used solely for
a single family residentiGl purpose. The lot here shown as parcel
1-A on the plan attached hereto as Exhibit D will be used for a
single family residence. It is in an R-R zone and meets the
following requirements for a flag lot:
A Access frontage of at least fifty feet, feet are
provided.
B Access width from front line to the principal structure of
at least fifty feet. 70 =eet ere provided.
C An access roadway with no curves having a radius of less
than 80 feet. The minimum curve radius shown is greater than 80
feet.
D At least double the minimum lot area normally required for
the district. The minimum lot area for a R-R zone is 40,000 square
feet, slightly under an acre. The proposed flag lot has an area of
6 .612 acres provided.
E All setbacks shall be equal to at least twice the setback
normally required for the district. In an R-R zone the front
setback is 40 feet. Therefore, 80 would be required here. The
front setback shown is in excess of 200 feet. In an R-R zone, the
side setback required is 20 feet. For a flag lot, 40 feet is
required. The building envelope as shown is 40 feet from the side
lot lines. The principal structure will be located within the
proposed building envelope. In an R-R zone, the rear setback is 50
EXHIBIT A
The applicant, Virginia M. Sullivan, is a contract purchaser
of Mr. Corbett's proposed flag lot. See Purchase and Sale
Agreement attached hereto and marked Exhibit B. The applicant is
responsible for securing necessary approvals for use of the lot as
a single family residence. The proposed flag lot will have access
over an abutTer's land and therefore requires a shared driveway
Special Permit. The abutting property of Patrick J. and Rebecca
Lang, Hampshire County Registry of Deeds Book 2376 , Page 2, is
already subject to a right-of-way in favor of Lawrence E. Corbett
and Rita D. Corbett, the sellers here. A copy of their deed is
attached hereto and marked Exhibit C.
CITY OF NORTHAMPTON
COMMON DRIVEWAY
SPECIAL PERMIT AND SITE PLAN APPLICATION
1. PERMIT AUTHORIT.'(IES): ZBA Planning Board x Council
2. Applicant's Name: Virginia M. Sullivan
Address: 52 Ward Ave . , Nor thamp m Telephone: 586-9422
3. Property Owner: Lawrence Corbett
Address: 589 North Farms Road, FlorencTelephone: 584-5440
4. Status of Applicant:Owner Contract Purchaser x Lessee
Other (explain)
5. Parcel Identification: Zoning Map # 2 Parcel 19 Zoning District: R-R
Street Address: North Farms Road
S. Special Permit requested under Zoning Ordinance Section 6. 12_, Pg 6- 14
7. Site Plan is for:intermediate Project or Major Project N/A
8. Narrative Description of the Proposed Project (Use additional sheets if
necessary): See attached Exhibit A
9. How does project comply with Special Permit criteria: (See Applicant's Guide for
criteria-use additional sheets is necessary)
See attached Exhibit A
10. Site Plan, with any requests for waivers, must be attached.
11. Certified Abutters List from Assessors' Office must be attached.
12. 1 certify that the information contained herein is true and accurate to the best
of my knowledge.
Date: tl Applicant's Signature:
ate +e i e #:
(dempb:siteplan.pb 3/6/92)
4 �') IV
CITY OF NORTHAMPTON
FLAG LOT SPECIAL PERMIT AND SITE PLAN APPLICATION
1. PERMIT AUTHORITY(iES): ZBA Planning Board x Council
2. Applicant's Name: Virginia M. Sullivan ,
Address: 52 Ward Avenue , Northampton, MTelephone: 586-9422
3. Property Owner: Lawrence Corbett
Address: 589 North Farms Road, Florence Telephone: 584-5440
4. Status of Applicant:Owner Contract Purchaser x Lessee
Other (explain)
5. Parcel Identification: Zoning Map # 2 Parcel 19 Zoning Disti,ct: R-R
Street Address: North Farms Road
6. Special Permit requested under Zoning Ordinance Section 6,.1L, Pg 6 -15
7. Site Plan is for:intermediate Project or Major Project N/A
8. Narrative Description of the Proposed Project (Use additional sheets if
necessary): see attached Exhibit A
9. How does project comply with Special Permit criteria: (See Applicant's Guide for
criteria-use additional sheets is necessary)
see attached Exhibit A
10. Site, Plan, with any requests for waivers, must be attached.
11. Certified Abutters List from Assessors' Office must be attached.
12. 1 certify that the information contained herein is true and accurate to the best
of my knowledge.
Date: Y!17 Applicant's Signature: �.
Date HIM— i File #:_
(delllpb:siteplan.pb 3/6/92)