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17D-071 • �� �, F c.4 Bk: 07858 Pg: 53 r ; City of Northampton 7 2004 MOTION MADE BY: SECONDED BY: VOTE COUNT: - DECISION: Malcolm Smith David Bloomber 3 - 0 Approved with Conditions MINUTES OF MEETING: Available in the Office of Planning&Development 1,Carolyn Misch,as agent to the Zoning Board of Appeals,certify that this is a true and accurate decision made by the Zoning Board of Appeals and certify that a copy of this and all plans have been filed with the Board and the City Clerk on April 1,2004 1 certify that a copy of this decision has been mailed to the Owner and Applicant. © i APR j 2004 CITY CLERKS OFFICE NOR THANITTOTi VA 01060 April 1, 2004 I, Wendy Mazza, City Clerk of the City of Northampton, hereby certify that the above Decision of the 'Northampton Zoning Board of Appeals was filed in the Office of the City Clerk on April 1, 2004, that twenty days have elapsed since such filing and that no appeal has been filed in this matter. Attest: City Cler City of Northampton ATTEST: HAMPSHIRE, ( B ---R_ I$TER MARIANNE L. DONOHUE GeoTMSO 2004 lies Lauriers Municipal Solutions,Inc. Bk: 07868 Pg: 52 T City of Northampton Date:April 1, 2004 Ordinances. The permit includes subdivision approval for the extension of Garffeld Avenue to create a three-lot cluster that will result in creation of six new affordable housing units on Lots 2 and 3 and one new market rate unit on Lot 1. The approval provides for a reduction in dimensional requirements for the new lots as well as approval for reduction in required frontage for 155 Chestnut Street(Map ID 17C-66). The Board granted the following exemptions and waivers as part of the Comprehensive Permit's provision of six affordable units out of a total of eight units: 1.Reduction in minimum radius of road centerline(250'to 235+-)for a street§7:01(9)of the Northampton Subdivision Rules. 2.Reduction In right-of-way width.Providing 40'fnstead of required 60'in order to match the existing-right-of-way'width. 3.Reduction in"hammerhead'length(66'to 40'to match right-of-way). 4.Reduction in frontage for Lot i from 70'to 25'to allow reduction in overall length of street and right of way. 5.Reduction of frontage for Lot 3 from 85'to 70'to reduce road infrastructure. 6.Reduction in legal frontage for 155 Chestnut Street(Map ID 17C-66;Plan Book 115 Page 52 lot 1)from 75'to 50.Frontage to be transferred from Garfield Avenue to Chestnut Street 7.Waiver for all city permits related to the curb cuts for Lots 1,2,and 3. Two curb cuts approved for Lots 2 and 3 and one approved for Lot 1,maximum I allowed. 8. Waiver from providing full traffic study. A summary of traffic impacts was provided. 9.As shown on the approved plan sheet L1,side setback on Lot 3 Is reduced from 15'to 12'to accommodate the side entry. The Findings of the Zoning Board ofAppeals were based on public comments,recommendations from the Northampton Planning Board and Northampton Department of Public Works. Northampton Police and l=ire Departments were consulted and had no concerns about the proposed development The Zoning Board ofAppeals determined: A. The requested use Includes provision for surface water drainage,sound and sight buffers and preservation of views,light,and air. A tree buffer will be provided along the boundary of Lot 3.Surface water drainage will improve water quality and quantity flowing off site; and 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. Consideration of the location of driveway openings in relation to traffic and adjacent streets,access by emergency vehicles,the arrangement of parking and loading spaces,and provisions for persons with disabilities has been made. The project includes creation ofa sidewalk along one side to the road extension and a hammerhead for emergency vehicle access/turnaround. Driveway openings will be located on all three lots and will not negatively impact traffic function on the dead-endstreet;and 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.A majority(4+acres)of the site will be permanently protected as open space to be owned by the Northampton Conservation Commission,including permanentprotectfoh of the capped landfill. Pubfic access to the open space will be provided through an easement across Lot 3. All development will be outside the wetland buffer zones,and 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 stone sewage coliectlon and treatment systems,fire protection,streets and schools. Stormwater will be mitigated on site.There is adequate capacity in the private sewer line to which this project will connect.;and E. The requested use bears a positive relationship to the public convenience or welfare. The use will not unduly impair the integrity of 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 project for four singel family homes in a cluster provides units that will be consistent with the rhythm and the character of the neighborhood along Garfield Avenue;and F The requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives,as defined in Chy master or study plans adopted under M.G.L.Chapter 41,Section 81-C and D. Cluster in-fill development as recommeneded within the City's Vision 2020 document provides new residential units while permanently perserving open space. COULD NOT DEROGATE BECAUSE: FILING DEADLINE MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT 8Y: APPEAL DATE: 1211112003 1241112003 2/1212004 4WO04 REFERRALS iN DATE; HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 1212412003 11812004 3/25/2004 41512004 412112004 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: 12/25!2003 11812004 312512004 41112004 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 11112004 5:30 PM 3/24/2QD4 41712004 MEMBERS PRESENT: VOTE: Malcolm .Smith votes to Grant r1 ,David Bloomberg votes to Grant j Sara Northrup votes to Grant 2004 GeoTMS@ 2004 Des Lauriers Municipal Solutions,Inc. w I i =n; Lrrii R`ORTIi:4IVPTUt!iJ:,U 01060 Bk: 07858 Pg: 51 ! r, 7.Covenants must reflect that the Association has the responsibility for maintenance of the private sewer line. This includes the portion of the cross country lines as well as within individual structures where common sewer stubs are shared. 8.Prior to the construction of the road,the applicant must record all covenants. 9. The final decision shall be recorded concurrent with the mylar plans.These plans,with Planning Board endorsement,shall be recorded prior to recording this permit. Said plan is recorded at the Hampshire County Registry of Deeds at Plan Book .Page (book and page references shall be tiled in on the permit). 10.A$4,000 escrow account shall be established,in the Homeowner Association's name(appearing' first)with a signature line for the City,prior to the first lot sale as an assurance that the Homeowners' Association will perform their required capital improvements and maintenance of the stormwater management system and snow removal. The City may draw on this account if it determines that required capital improvements,maintenance,or inspections are not being performed. The Homeowners'Association(HOA)is responsible to reimburse the City,within three months for deposit into the escrow account,for any funds the City spends from the account The Permanent Covenants must clearly state that the Cify will have a right to place a lien on any or all properties within the - subdivision or shall provide some other equivalent level of protection for the city,-in opinion of the planning board in order to recover the cost ofmaintenance for stormwater facilities. 11.Maintenance reports with documentation on the condition of all inspections and receipts of all cleaning and work for all items specified in this permit condition shall be submitted to the Office of Planning&Development annually,no later than May 15 of each year. Each report shall Indicate the status of the stormwater system and other drainage within the HOA's maintenance purview. Utilities: L 12.Utility lines must be located within the grass strip and not under the sidewalk- F- 13.Prior to applying for water availability,the applicant must show to DPW that it can meet fire flow o o standards without dropping below 20 PSI. o 14. Water line extensions,including gate valves,thrust blocks,etc.shall be made In accordance with Water Division's specifications. �o S Sewer: 15.Prior to commencement of road construction,the applicant must provide proof that an agreement has been established with Meadow BrooklCountry Lane Estates to tap into the private sewer main that rL" z serves this housing complex. Street: r 16.Posts shall be located at either end of the hammerhead to indicate the edge of pavement 17.A driveway curb cut for Lot f is allowed,provided it may not be greater than 15'wide. Other: 18.Prior to Issuance of a building permI4 the applicant shall submit an easement agreement allowing ' the public access to the open space with language that states the public has the right for non- motorized access to"pass and repass"along the 15'wide swath at the end of the hammerhead at the entrance of the driveway. The applicant must post a permanent sign that indicates that there is public access to the open space.(The sign should be a standard City Conservation Area-sign). 19.Prior to Issuance of a final certificate of occupancy for any of the 6 affordable units the applicant shall organize and conduct an educational forum for the Habitat families to address traffic safety issues of the Garfield Avenue neighborhood. The Zoning Board of Appeals granted the request for a Comprehensive Permit for parcels known as assessor Map 1D 17C-66;17D-12,71 under M.G.L.Chapter40B,Section 20-23 based on the following plans and information submitted with the application: 1. 'Garfield Avenue Extension,Florence,Massachusetts Definitive Subdivision Plan ,Prepared for Pioneer Valley Habitat for Humanity, Prepared by The Berkshire Design Group,Inc.dated November 20,2003,sheets 1-2,L1(amended 1122104 and 3125104),L2. 2. Evidence of Site Approval Letter. 3. Evidence of Site Control 4. Preliminary Drawings. S. Building Tabulation. 6.. Subdivision Plan. 7. Utilities Plan. 8. Requested Exemptions and Waivers from the Rules Governing the Subdivision of Land in Northampton and Northampton Zoning GeoTMSO 2004 Des Laurlers Municipal Solutions,Inc. Bk: 07858 Pg: 50 1 { IG I30. i ice"a.. 9 ! a L^ v,.z ss i 4 > �, l■I L`�T`Q` _ty IIl1l1III�IuII{'jIIIII��I�''�{11,'1llIII■■■I�'I'I �1111r■!'1II� ` City of-Northampton Date:April 1, 2004 7.4ie. v.. Ecomprehensive PPLICATIONTYPE: SUBMISSIONOATE: Bk:7658Pg:5O Page:1 of 4 Permit 71312003 Recorded: 08117/2004 01:59 PM Applicant's Name: Owner's Name: Surveyor's Name: tNAME: NAME: COMPANY NAME: lley Habitat for Huma nity CITY OF NORTHAMPTON ADDRESS: ADDRESS: 0642 212 MAIN STREET TOWN: STATE: ZIP CODE: TOWN: STATE:.- ZIP CODE: TOWN: STATE: ZIP CODE: FLORENCE MA 01062 NORTHAMPTON MA 01060 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: (413)586-5430 0 (413)5871000 0 EMAIL ADDRESS: EMAILADDRESS: EMAIL ADDRESS: Site information: STREET NO.: SITE ZONING: 39 VERONA ST URB TOWN: SECTION OF BYLAW: NORTHAMPTON MA 01060 MAP: BLOCK: LOT: MAP DATE: ACTION TAKEN: 17D 071 001 Approved With Conditions Book: Page: 4685 81 NATURE OF PROPOSED WORK: Comprehensive permit for six new affordable housing units(3 duplexes)and one new market rate home and one existing market rate home.Permit covers subdivision approval for the extension of Garfield Avenue. HARDSHIP: CONDITION OF APPROVAL: 1.Applicant must follow all administrative requirements within the subdivision rules regarding recording,performance guarantees,providing digital riles,etc.The only waivers approved are those summarized in this permit 2.Prior to final endorsement of subdivision mylar,and prior'to recording the subdivision,applicant must revise plans showing an accurate cross section of the roadway and sidewalk detail and location of permanent bounds as specified in§7:20 of the subdivision rules.Mylars must also contain a signature block for Planning Board to sign in actor!with§6:03(12). This block should contain 1 language stating this subdivision was approved through a Comprehensive Permit decision of the Zoning Board of Appeals under M.G.L.Chapter 408. LIP 3.Prior to endorsement of the subdivision mylar,a performance guarantee that conforms to o Northampton Subdivision Rules and Regulations§6.06(4)must be posted. The developer may place N o s a covenant not to sell or request a certificate of occupancy(land or lots except between the City and Habitat for Humanity)or,in lieu of placing a covenant,post a Letter of Credit in accordance with the oc? standards in the Regulations. if a Letter is posted,the Letter may not be reduced below the original amount posted until the project is complete and has been accepted as such by the Planning Board. < c 4.Prior to endorsement of subdivision mylar,detail sheets of the sediment forbay and stornwater system shall be provided. 5 Prior to final endorsement,the applicant shall submit plans that show a work limit fine that Is coterminous with orsoutherly of the landfill boundary(except in the area where the private sewer connection Is located) The work limit line detail shall show orange construction fencing,silt fence and hay bales. Restrictive Covenants/Declaration of Trust: 6.Covenant agreements that detail assignment of responsibility for snow removal from the parking area and maintenance of the private sewer line. Covenants must clearly state that the Homeowners' or Condo Association(Association)is responsible for snow and ice removal from the common parking lot that may result from stormwater coming from Garfield Avenue. GeoTMSID 2064 Des Lauriers Municipal Solutions,Inc. s During preliminary site excavation, extensive ledge was discovered in the location of two of the dwelling units. The revised plan we are submitting has a total of six dwelling units(1 market rate and 5 affordable), a reduction of one affordable dwelling unit from the original approved plan. Additionally,we are now showing each dwelling unit on its own lot, for a total number of 6 individually owned lots rather than the originally approved 3 lots for 7 units. Because of the loss of a unit and the redesign of the lot Layout, there is a reduction in curb cuts, with 2 on the revised plan compared to 4 ou the approved plan. The 6-space parking area remains unchanged. The subdivision road layout, stormwater management system, and water and sewer mains remain unchanged. And as requested by the City,we have provided an access strip to the landfill to be owned in fee by the City, rather than an access easement over Lot 1, as shown in the original approved plan. With respect to the granted waivers: Waivers#7 and 9 are no longer needed. Waivers#1, 2,3, 4, 6 and 8, above, still apply to the revised plan. We are requesting that waiver#5 be revised as follows, as each dwelling unit is now situated on its own individual lot: Reduction in lot area for Lot 4 from 8,000 sq ft to 7,651 sq ft; Reduction in lot area for Lot 5 from 8,000 sq ft to 5,305 sq ft; Reduction in frontage for Lot 2 from 75' to 51'; Reduction in frontage for Lot 3 from 75' to 57.5'; Reduction in frontage for Lot 5 from 65' to 32'; and Reduction in frontage for Lot 6 from 65' to 0' to reduce road infrastructure, allow each homeowner to own his or her own parcel of land, and to allow 2 parking spaces to be located on each of lots 4, 5 and 6. Additionally, we are requesting a waiver of section 8.10 of the Zoning Ordinance"Additional Standards for over five parking spaces." The proposed parking area contains 6 residential spaces, as in the original approved plan,but will be gravel,with no painted lines. Using gravel will make the parking area distinct from the road itself, and is within the budget for affordable housing. Painted lines would not be in keeping with the residential character of the existing neighborhood. If you should have any questions regarding the proposed changes to the Comprehensive Permit, please do not hesitate to contact me at the above phone number. Or you may also contact Gloria McPherson at 256-0321 x 111. Thank you. In Faith, LJ A ms, xecutive Director Pioneer Valley Habitat for Humanity SLOG. DPW CITY CLERK PioneerVallley ® • Habitat for Humanjty`k' Building August 15, 2008 houses, building hope Northampton Zoning Board of Appeals c/o Office of Planning and Development City Hall 210 Main Street Board of Directors Northampton, MA 01060 Brandon Braxton, President Sanford Belden, V 2GOS Vice President Re: Application to revise Comprehensive Permit A. Holly Greeley, Treasurer Garfield Avenue Extension Charlene Golonka, Asst.Treasurer Doris McLeod, Clerk Carole Manning, Dear Members of the Zoning Board of Appeals, Asst.Clerk Cindy Adams Ricardo Bilton We are writing to request your review and approval of a proposed amendment to our Myra Carlow Comprehensive Permit, which was granted by the ZBA on April 1, 2004. Nancy Denig Steve Ferrari Lyn Heady The original permit was for 3 lots with a market rate house on Lot 1 and 6 new affordable Peter housing units(3 single-family houses, each with an accessory apartment)on Lots 2 and 3. Richard rd Morse o Rebecca Muller The ZBA granted the following waivers as part of the Comprehensive Permit's provision Jacquelyn smith-crooks of 6 affordable units: 1. Reduction in minimum radius of road centerline(250' to 235')for a street, section 7.01(9) of the Subdivision Rules. Advisory Board 2. Reduction in right-of-way width,providing 40' instead of 60' in order to match Richard Asebrook Kay Berenson the existing right-of-way width. Marcia Burick 3. Reduction in "hammerhead" length(66' to 40')to match right-of-way. Mike Ralph Hexter 4. Reduction in frontage for Lot 1 from 70' to 25' to allow reduction in overall Rev.Dr.Peter Kakos length of street and right-of-way. John Mullin 5. Reduction in frontage for Lot 3 from 85' to 70' to reduce road infrastructure. Williatn Stapleton 6. Reduction in legal frontage for 155 Chestnut Street(this was an existing house) from 75' to 50'. Frontage to be transferred from Garfield Avenue to Chestnut Executive Director Street. MJ Adams 7. Waiver from all City permits related to curb cuts for Lots 1,2, and 3. Two curb cuts approved for Lots 2 and 3, and one approved for Lot 1, maximum 1 allowed. 8. Waiver from providing full traffic study. 9. Side setback on Lot 3 is reduced from 15' to 12' to accommodate the side entry. 140 Pine Street,Office B7 Po Box 60642 We have attached a copy of the original Zoning Board Decision for your reference. Florence,MA 01062-0642 (413)586-5430 info«pioneervalleyhabitat.org www.pioneervalleyhabitat.org