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05-057 (3) �f ���� S/"Y/ E�� /V��-�✓'_,a/F_� /I�C.Y�-70'7/ C��Lam± 5/7' -85= _7 K� C+ N r h �r \ - :s E f' q Sn' .41 15 10AMCS ' c.00' r J� A�rs/lo-rrw.Goof s JMN 17 A�&et A ly , I� Pursuant to Massachusetts General Laws (MGL) , Chapter 40A, Section 11, no 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, 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. The Northampton Planning Board hereby certifies that a Special Permit with 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 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: John J. Herlihy - Audubon Road, Leeds ?' DECISION DATE: May 22, 1997 DECISION FILED WITH THE CITY CLERK: June 6, 1997 IiK——---------- —------- ✓/ 104Dadsu, �?uTPTTng oIT?iud �Kuouquv ATTACHMENT A Section 6 . 13 Flag Lots . In .reviewing the application for a Special Permit with Site Plan Approval for a Flag Lot, the Planning Board found said lot has: 1 . met the requirements of the Table of Dimensional and Density Regulations, Section 6 .2; 2 . an access roadway with no curve having a radius of less than eighty (80) feet or, if access is from another lot, an area on the flag lot for an access roadway with no curve having a radius of less than eighty (80) feet; 3 . configurations such that the principal structure is located on the lot in such manner that a circle, with a minimum diameter equal to one and one-half (1 1/2) times the amount of the minimum frontage requirement 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; and 4 . for the subdivision of any single lot or contiguous lots under common ownership, in existence at the time of adoption of this Ordinance or subsequent thereto, there may be no more than three Flag Lots having abutting, contiguous street frontage. This flag lot is served by a legally pre-existing common drive. Appropriate easements are delineated on the Plot Plan and on the deeds to the lots, including a clear provision for the responsibility for the maintenance of the common driveway, common utilities (if any) and snow removal, running with the land. Said easements are: A. part of the deed, and B. recorded at the Hampshire County Registry of Deeds. S. The lot is served by an legally pre-existing common driveway. 6 . Plans submitted to the Planning Board under this Section were the same as the plan submitted to the Planning Board under the Subdivision Control Law, and included the statement "Lot (s) 8 is a Flag Lot: building is permitted only in accordance with the special Flag Lot Provisions of the Northampton Zoning Ordinance. " 7 . The proposed driveway is legally pre-existing and therefore was not shown on the plans . However, the location and layout of the proposed driveway and house and all provisions for drainage and storm water run-off were depicted on all plans . 3 adjacent streets and minimizes traffic impacts on the streets and roads in the area because access to the lot will be over an existing common driveway, and no new curb cut is required. C. The requested use promotes a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area because the requested use involves the creation of a flag lot for a single-family home, which is in keeping with the residential use of the area. 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. E. The requested use meets all special regulations set forth in the Zoning Ordinance. specifically, Section 6.13 - Flag Lot; see "Attachment A, " for criteria. F. The requested use bears a positive relationship to the public convenience or welfare, and will not unduly impair the integrity of character of the district or adjoining zones . The use will not be detrimental to the health, morals, or general welfare and shall be in harmony with the general purpose and intent of the Ordinance. G. 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. In addition, in reviewing the Site Plan, the Planning Board found the applicant has complied with the following technical performance standards: F. 1 . Curb cuts onto streets have been minimized because the lot will be served by a common drive. 2 . Pedestrian, bicycle and vehicular traffic movement on site are separated to the extent possible. The following condition was imposed upon this Special Permit: 1. This lot is subject to restrictive covenants registered at the Hampshire County Registry of Deeds. 2 t T7 p d�f ? z = dF Jh 1 0 1997 City of Northampton, Massachusetts I P Office of Planning and Development DEPT 0 ZFB U T -,;7, , City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 FAX (413) 586-3726 -Conservation Commission* Historical Commission •Housing Partnership•Parking Commission gin • Planning Board•Zoning Board of Appeals DECISION OF NORTHAMPTON PLANNING BOARD APPLICANT: John J. Herlihy ADDRESS: c/o Timothy Washburn, Esq. 8 Crafts Avenue Northampton, MA 01060 OWNER: John J. Herlihy ADDRESS: c/o Timothy Washburn, Esq. 8 Crafts Avenue Northampton, MA 01060 RE LAND OR BUILDINGS IN NORTHAMPTON AT: Audubon Road, Leeds MAP AND PARCEL NUMBERS: MAP 5 PARCEL 57-59 At a meeting conducted on May 22, 1997, the Northampton Planning Board voted unanimously 6:0 to grant the request of John J. Herlihy for a SPECIAL PERMIT WITH SITE PLAN APPROVAL under the provisions of Section 6.13 in the Northampton Zoning Ordinance, to create a flag lot (Lot 8) at property located at Audubon Road, Leeds, also known as Assessor's Map #5, Parcel #57-59, in accordance with the following plan: 1. "Plan of Land in Northampton, Massachusetts Prepared for John J. Herlihy, " by Almer Huntley, Jr. Associates, Inc. , dated February 28, 1997. Planning Board Members present and voting were: Vice Chair Daniel J. Yacuzzo, Jody Blatt, Paul Diemand, Nancy Duseau, Kenneth Jodrie and Associate Member Sanford Weil, Jr. In Granting the Special Permit, the Planning Board found: A. The requested use for a flag lot protects adjoining premises against seriously detrimental uses because flag lots are allowed by Special Permit in Rural Residential (RR) districts . B. The requested use promotes the convenience and safety of vehicular and pedestrian movement within the site and on 1 ORIGINAL PRINTED ON RECYCLED PAPER t City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 V FAX (413) 586-3726 * �' •Community and Economic Development �< •Conservation•Historic Preservation •Planning Board•Zoning Board of Appeals •Northampton Parking Commission TO: Anthony Patillo, Building Inspector RE: Permit application FROM: Laura Krutzler, Board Secretary/OPD DATE: May 6, 1997 Would you please review and return the Special Permit with enclosed Site Plan Approval application before the Planning Board/Zoning Board of Appeals meeting scheduled for May 22, 1997 so that we can advise the Boards of any concerns you may have. _ awca G�2c s. Thank ou. v 10. Do any signs exist on the property? YES NO X IF YES,describe size,type and location: Are there any proposed changes to or additions of signs intended for the property?YES NO IF YES,describe size,type and location: 11 . ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION. Thin col— to be filled in by the Building Departaent Required Existing Proposed By Zoning Lot size L c' "',ees vrl oycres y0 coo rj �=}, /_'C' J e 13. �,;2 oc rvS J3 ;? oe-,-eS G 7 1 iJ `APP i ) 9.S fee-t J 7J -fe e+ Frontage 15�,as �P�'Y 16P -*-'a feei J7.� fee`s Setbacks - side L: R: R: Iti - rear 1 re c ccn"1 c 00 Building height � (fPe-�' Bldg Square footage %Open Space: (Lot area minus bldg QQ ea # of -Parking Spaces !V y # of Loading Docks G Fill: -(vol-ume -& location) yi Gy 13 . Certification: I hereby certify that the information conta ' d herein 4 is true and accurate to the best of my know ,d IA/ DATE: cl7 APPLICANT'S SIGNATURE f v NOTE: la6uande of a zoning permit does not relieve an applicant's burden to oompIzy With all zoning r"ulrements and obtain all required permits from the Board of Health. Conservation Commission, Department of Public Works and other applicable permit granting authorities. FILE t File No. ZONING PERMIT APPLICATION (§10 . 2) PLEASE TYPE OR PRINT ALL INFORMATION 1. Name of Applicant-- Address' 5Telephone: y13-S'Fy- 7471 � d , 2. Owner of Property: Address: c c A to Telephone: 3. Status of Applicant: _x Owner Contract Purchaser Lessee Other(explain): r 4. Job Location: , Parcel Id: Zoning Map# Parcel; 57wv501 District(s): (TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure/Property ,h 6. Description of Proposed Use/Work,Project/Occupaton: (Use additional sheets if necessary): C1.-r. At N c 4 j c.1 E4- 7. Attached Plans: Sketch Plan Site Plan x Engineered/Surveyed Plans Answers to the following 2 questions may be obtained by checking with the Building Dept or Planning Department Files. 8. Has a Special PermitNariance/Finding ever been issued for/on tfie site? NO x DON'T KNOW YES IF YES,date issued: IF YES: Was the permit recorded at the Registry of Deeds? NO DON'T KNOW YES IF YES: enter Book Page and/or Document# 9. Does the site contain a brook, bod of water or wetlands? NO DON'T KNOW YES--"-__ Ale 6 P 0, t reI A,rp,-� — IF YES, has a permit been or need to be obtained from the Conservation Commission? 6b 'ned Obtained ,date issued: (FORM CONTINUES ON OTHER SIDE) APR 2 4 1997 z RK NOF� FILE # • i 1. APPLICANT/CONTACT PERSON: r'w � �2 ADDRESS/PHONE: c G PROPERTY LOCATION: s! 4V — �•/-II/ MAP ,_ PARCEL:_ ZONE­ 4djL THIS SECTION FOR-OFFICIAL USE ONLY: PERNUT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE 1) OUT 1Rnilfjin2 Permit Filled mit Additinn to Existing i THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS AP ICATION: �CElVF' Approved as presented/based on information presented Q� O Denied as presented: APR 2 4 1997 7� Special Permit andlor Site Plan Required under:§G 1 10.10 10- PLANNING BOARD ZONING BOARD Received & Recorded at Registry of Deeds Proof Enclosed 9/{ NORA�P�` Finding Required under: § w/ZONING BOARD OF APPEALS Received& Recorded at Registry of Deeds Proof Enclosed Variance Required under: § w/ZONING 13 OARD OF APPEALS Received& Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval-Bd of Health Well Water Potability-Bd Health t fro o❑s a ' Co Signature of Building Wpector D e NOTE:lssuanoo of a zoning permit does not relieve an applioant's burden to oomply with all zoning requirements and obtain all required permits from the Board of Health, Conservation Commission. Department at Publio Works and other applicable permit granting authorities. B-6% Location of: I parking&loading areas Vc ADo public&private ways driveways,walkways access&egress points proposed surfacing: B-7 Location and description of: all stormwater drainage/detention facilities water quality structures - public&private utilities/easements y Q sewage disposal facilities i J r'c 0 1 P 5 f s eti �s water supply facilities c,T pr 1 hey /►µ �'� a �. Existing&proposed: nn I landscaping,trees and plantings(size&type of plantings) Uu stone walls, buffers and/or fencing: C-9' Signs-existing and proposed: Location dimensions/height color and illumination B 10. Provisions for refuse removal,with facilities for screening of refuse when appropri ate: FOR MAJOR PROJECTS ONLY: B-11. An erosion control plan and other measures taken to protect natural resources&water supplies: C Estimated daily and peak hour vehicles trips generated by the proposed use,traffic patterns for vehicles and pedestrians showing adequate access to and from the site,and adequate vehicular and pedestrian circulation within the site. Site Plans submitted for major projects shall be prepared and stamped by a: Registered Architect, Landscape Architect, or Professional Engineer 8 SITE PLAN REQUIREMENTS REQUEST FOR WAIVERS APPLICATION The application MUST include a site plan containing the information listed below. The Planning Board may waive the submission of any of the required information,if the Applicant submits this form with a written explanation on why a waiver would be appropriate. To request a waiver on any required information,circle the item number and fill in the reason for the request.Use additional sheets if necessary. A. Locus plan B. Site plan(s)at a scale of 1"=40'or greater. B-1. Name and address of the owner and the developer,name of project,date and scale plans: J,6 s �y /`/�� /+rMCiA� nS ,r.� � ✓� r•►,r Pn Ora c � '4 u � Plan showing Location and boundaries of. the lot adjacent streets or ways /� �rr -ff all properties and owners within 300 f et �'eco c7 s s 7 e o+ slaw G�J c c �3" - all zoning districts within 300 feet B 3. Existing and proposed: buildings setbacks from property lines 1 building elevations 0" t SE'c 1?c � .all exterior entrances and exits r, c i !s (elevation plans for all exterior facades structures are encouraged) B-4. Present&proposed use of: the land buildings: B-5. Existing and proposed topography(for intermediate projects the permit granting authority may accept generalized topography instead of requiring contour lines): at two foot contour intervals p c �i✓Al 'qa+ ) f, Ale V e CK.Ac y t s S ew►l, showing wetlands,streams,surface water bodies showing drainage swales and floodplains: - showing unique natural land features 7 Check off all that apply to the project: �1-- X use of a common driveway for access to more than one b ass jc 1 use of an existing side street use of a looped service road 2. Does the project require more than one driveway cut? _ , NO YES(if yes,explain why) 3. Are pedestrian,bicycle and vehicular traffic separated on-site? YES NO(if no,explain why) A/C ) r n �� For projects that require Intermediate Site Plan Approval, ONLY , sign application and end here. 9. I certify that the information contained herein is true and accurate to the best of my knowledge. The undersigned owner (s) Planning Board permission to enter the property to review this application. Date: #J)0 f0-7 Applicants Signature: / Date: Owner's Signature: (If not same as applicant) For projects that require a Special Permit or which are a major project, applicants must also complete the following page. 4 ADDITIONAL SHEET The general conditions of Section 10 . 10, Sub.3 are fulfilled as follows : a) The requested use for single family homes is permitted in this zone; b) The requested use for single family homes on large rural flag lots in a residential neighborhood is consistent with the zoning district, adds to the tax base, and bears a positive relationship to public convenience by allowing construction of single family homes; C) The requested use for true single family homes will not create undue traffic congestion or impair pedestrian safety on Audubon Road; d) Two single family homes with on-site sewage disposal will not overload the public water supply; e) Not applicable; and f) The requested use is for construction of single family homes in a neighborhood and zoning district of single family homes . C. How will the proposed use promote a harmonious elationship of structures and open spaces to: the natural landscape: c s ,n 1 A'I h i,n s ., nn r. t oc P el to existing buildings: Per a ,s iwr 1\ rte+, crv► s CV+ I tit, r e C t other community assets in the area: J- D. What measures are being taken that show the use will riot overload the City's resources,including: water supply n distribution system �A, /, , ), r o-� sanT. !;y sewage and storm water collection and treatment systems: �n S �P St W*9e /PM fire protection,streets and schools: i , or C,nc ,a ` O,vn I - 'KIP W�' Y1 C+ rY�) - et of<;c l ,^e� e►, TP P P SG . ct i How will the proposed project mitigate any adverse impacts on the City's resources,as listed e E. List the section(s)of the Zoning Ordinance that states what special regulations are required for the proposed project (flag lot,common drive,lot size averaging,etc.) How does the Lproject meet the special requirements?(Use additional sheets if necessary)? Je� T P f ��c ,a� fe N ,t S air r, �C� o! s CB LA J VV ec Q._ fQ, F. State how the project meets the following technical performance standards: I. Curb cuts are minimized: Alu V,Pw c N c.c, S 3 Now • r 8. Site Plan and Special Permit Approval Criteria.(If any permit criteria does not apply,explain why) Use additional sheets if necessary. Assistance for completing this information is available through the Office of Planning&Development. A. Hoow�will the requested use protect adj�oiining premises against seriously detrimental uses? 1 /Ifs fP4'tfCf�Pd S ► f JE��` GG S�r,�)P �Arw, '.i pe51dFv�re �v% o hetJ�� )f CC How will the project provide for: ` surface water drainage: /y�� �a �1c�� t sound and sight buffers: 11A ®I 4,A C r, the preservation of views,light and air: _11e5 ,r )AS, G?�l Co 1) C / P t* eP SEC v I" f �Pe y1t n S�oe�P (1Y of j,,t� ^,'1 '�eJt,`L4.CV1 1I e A p1t ,C,NI fNfAJ frs/f1JI C✓ISl As 40Wv) H 717 C' 7 SI is J If", 1 B. How will t ie requested use prorn6e the convenience and safety of pedestrian movement within the site and on adjacent streets? 1 � 1` Jhefe ) 5 no ^kllp !'� IAV) Cleer" r7+ r I hF S A e al- 7hry nrs� NS W r c� Cc rll_� ) �7 2' t t' �r IC,h V1 C YiF w1 C V1+ 0 ti How will the project minimize traffic impacts on the streets and roads in the area? J„P •,, vt wl /�yr�n�jc✓I 'Ely. lie CLft"a+Gr% t-,rBvVu. ; t J ? io.+s s,vq,� 1 O,M 4N7 N���1 V1 4t C P ', G 1Cr, "Ir ' ,, 1C. CA Whe e is tfi anon olecriveway openings to reYatr�n P traltic anc'adjacen�streeIs`� / h� rlre ryo,rs a� e �s tA�rcX ai5t +' & c�,.,w►cr, •'1 ✓10rvC•�� Uvi �� e s ,4oe wit. What features have been incorporated into the design to allow for: D access by emergency vehicles: �Nr►� c.. _W;f evi ' �I Ic es �d ��1e� W&1) VG7 P�HGf C. Sp�iCP At PRc CNS -ate v ✓P e 4 N i,eCN►+ , .e safe and convenler�t arrangement of parking ancloadmg sp ces. ti provisions for persons with disabilities: /y' 2 CITY OF NORTHAMPTON PLANNING BOARD APPLICATION FOR: Type of Project: SITE PLAN APPROVAL; Intermediate Project(Site Plan) Major Project(Site Plan Special Permit) OR �_X^SPECIAL PERMIT: >( _Intermediate Project(with Site Plan Approval) Major Project(Site Plan Special Permit) Permit is requested under Zoning Ordinance: Section Pg - 1. Applicant's Name: — !f'A 1+. Atli, ele hone: yl _J 4-7R?) Address: } /'�✓ p ✓� aY't"N,p tuno e)5, . 2. Parcel Identification: Zoning Map# _n P eel# t?7W Zoning Dis t:� Street Address: p`►41*0 e 3. Status of Applicant:_X Owner, Contract Purchaser; Lessee Other(explain) 4. Property Owner{:/: Jt h r.1 1 �. Address: C y r Telephone: 4)3-,L579- 7.271 G +rQ V7 A ti 55. 5 Describe /Proposed Work/Project (Use additional sheets if necessary): l�lnSljruG�IG�. Ci— GNP' ) �/��+�1 1•e vYP '� N cyl eAA 0026 I�t Has the following information been included in the application? X Site/Plot Plan X List of requested waivers fee X 2 sets of labels(supplied by the Assessor's Office) X Signed dated and denied Zoning Permit Application X Three(3)copies of the Certified Abutters List from Assessors'Office. 1 r 10. Do any signs exist on the property? YES NO X IF YES,describe size,type and location: Are there any proposed changes to or additions of signs intended for the property?YES NO IF YES, describe size,type and location: 11 . ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUB TO LACK OF INFORMATION. This columm to be filled im by the Building Department (Required Existing Proposed By Zoning Lot size L n7efNS 13. (,;2 G E� Frontage ),5.2. E ���� l - . �� feeA 17S 'fee i Setbacks e - side L: -L:L: R:—� n Fdi - rear .r Building height Bldg Square Square footage %Open Space: (Lot area minus bldg v, # of f -Parking spaces ,# of Loading Docks ►� c Fill: -(vol-ume--& location) Y11/0 13 . Certification: I hereby certify that the information conta ' '�?d herein G is true and accurate to the best of my kno�d DATE: /7nr-) 3 00-7 APPLICANT's SIGNATURE l J, ; 1, NOTE: 1 unnde of a zoning permit does not relieve an applioant's burden to oomp wit4 ,all zoning requirements and obtain all required permits from the Board of Health. Conservatior Commission. Department of Publio Works and other appiioabla permit granting authorities. FILE # s File No. w / ZONING PERMIT APPLICATION (§10 . 2) PLEASE TYPE OR PRINT ALL INFORMATION 1. Name of Ap llican� \ o k„ J 0�. )7& /^, rH c _ t �a s o f H Address: s / A, cn n STelephone: q13--Sf9- 7a 71 2. Owner of Property: f Address: o /:,►,a 5 ",en Telephone: 3. Status of Applicant: _Owner Contract Purchaser Lessee Other(explain): 4. Job Location: Parcel Id: Zoning Map# \6 Parcels �57wk5!7 District(s): R. OS , (TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure/Property- VOC C,,r 6. Description of Proposed Use=ork.Project/Occupafion: (Use additional sheets if necessary): I L►^1 G U S`) �1 C; �e 'f Of'" 7. Attached Plans: Sketch Plan Site Plan X Engineered/Surveyed Plans Answers to the following 2 questions may be obtained by checking with the Building Dept or Planning Department Files. 8. Has a Special PermitNadance/Finding ever been issued for/on the site? NO x DON'T KNOW YES IF YES,date issued: IF YES: Was the permit recorded at the Registry of Deeds? NO DON'T KNOW YES IF YES: enter Book Page and/or Document# 9. Does the``site contain brook, bod of water or wetlands? NO— KNOW YES—>', A c Q Pit en I y 4".1�1 1!1 ecC _ IF YES, has a permit been or need to be obtained from the Conservation Commission? Needs to be obtained Obtained ,date issued: (FORM CONTINUES ON OTHER SIDE) FILE # 9� � APR 4 J� APPLICANT/CONTACT ERSON: ADDRESS/PHONE: C 6 ' PROPERTY LOCATION: MAP PARCEL:_ ZONE THIS SECTION FOR-OFFICIAL USE ONLY: PERNIIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE CIK z/ Tv�f New Cnn-strvictinn Remnde_ lid Tnterim Additinn to F,xkting Arressniv Strurtnre Ilni1rlin2 Plnnc Tnrluderl- THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS AP ICATION: Approved as presentedfbased on information presented Denied as presented: Special Permit and/or Site Plan Required under: PLANNING BOARD ZONING BOARD Received & Recorded at Registry of Deeds Proof Enclosed Finding Required under:§ w/ZONING BOARD OF APPEALS Received & Recorded at Registry of Deeds Proof Enclosed Variance Required under: § w/ZONING BOARD OF APPEALS Received& Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval-Bd of Health Well Water Potability-Bd Health onse�va ' Co Q Signature of Building If6pector D e NOTE: lssuanoa of at zoning permit does not relieve an applionnt's burden to comply with all zoning requirements and obtain all required permits from the Board of Health, Conservation Commission, Department of Publio Works and other applicable permit granting authorltles.