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18-002 (11) 4 i ns �,. M 4 8g 9 +, Building #5 House # Unit '.1 75 Pines Edge- Drive Unit 2. 77 Pines Edge Drive Unit 3 79 Pines Edg& Drive. Unit 4 81 Pines- Edge. Drive Unit 5 83 Pines Edge- Drive Unit 6 85 Pines Edge. Driva Unit 7 87 Pines Edge Drive- Unit 8 89 Pines Edge Drive It is your responsibility to notify all utilities,as.-well as the post office of these assigned numbers.- Our office will notify the Building Inspector and the Water Department. Very truly yours, Peter J. McNulty, Sr. Acting Director- of Public Works PJM/TS/lmb cc: Building Inspector- Water-Department 40 q i CITY OF NORTHAMPTON,MASSACHUSErM ` !� DEPARTMENT OF PUBUC WORKS 125 Locust Street Northampton,MA 070 4734582-1570 2 91990 Pewri.MCHWtY,sr. AseftwMacerof Pub&Y/aft DEPT 01 ?;_iF DING INSPEC110N� ORTNA-MF40N MA Ol June 25, 1990 Arthur Pichette Pines Edge Associates 8 Bridge Street Northampton, MA 01060 Dear Mr- Pichette: Enclosed is a list of the house numbers which our office has assigned to the individual units in your Pines Edge Condominum Complex- Reference is made to the layout plan (sheet 15 of 10 sheets) by Almer Huntley,. dated 9-25-89 with revisions on. 5--15-90- Building-uumbers- have..been-takea.froa said plan. Individual unit-numbers were provided by you.. Building #1 House # Building #2 House f Unit L 12_Pines Lrdge-Drive- Unit 1 64-Pines Edge: Drive Unit 2. 14- Pines Edge.Drive Unit 2 66 Pines.Edge Drive- Unit- 3 16 Pines Edge- Drive Unit 3 68 Pines Edge Drive Unit 4 18 Pines Edge Drive Unit 4 70 Pines Edge Drive- Unit 5 20 Pines Edge. Drive Unit 5 72- Pines Edge Drive Unit 6 22. Pines Edge Drive Unit 6 74 Pines Edge Drive Unit 7 24 Pines Edge Drive Unit 8 26 Pines Edge Drive Building #3 House # Building #4 House # Unit 1 91 Pines- Edge Drive Unit 1 80 Pines Edge Drive Unit 2 93 Pines Edge Drive Unit 2 82 Pines Edge Drive Unit 3 95 Pines Edge Drive Unit 3 84 Pines Edge Drive Unit 4 97 Pines Edge Drive Unit 4 86 Pines Edge Drive Unit 5 99 Pines Edge Drive Unit 5 88 Pines Edge Drive Unit 6 101 Pines Edge Drive Unit 6 90 Pines. Edge Drive Unit 7 103 Pines Edge Drive Unit 7 92 Pines Edge Drive Unity 8 105• Pines Edge Drive Unit 8 94 Pines Edge Drive i� KUHN ' D® ARCHITECTS LETTER OF TRANSMITTAL ' 3 6 MAIN STREET AMHERST MASSACHUSETTS 01002 413.259.1630 FAX/413.259.1621 To NA: QC� � I Date 7 (� .,0 O�/�.- — r � Project t(0„' CIiG.�� Project No. 6&04-9 WE TRANSMIT: FOR YOUR: THE FOLLOWING: Enclosed Herewith Review&Comment Record Drawings Change Order Via Approval Distribution Submittals Correspondence Under Separate Cover Information Specifications NO.OF COPIES DATE DESCRIPTION 51riM P 4 3MV !lb� n 1N1, JIUM5,1- �S DISTRIBUTION W/ENCL. REMARKS BY �•. S F VIM UI UN��C C ,IySTREET 4,�i J` w+ssN 12��' Sp• J `° i ERST 4� , SACHUSETTS 'H "f p`p5 � L 19.1630 a13159.t621 '- , � Il 3 Sr— 16 o SP f b8)sr- vcE - fb(,t? - -two (Z- Zxtz.- z�fZ (9 t2- -fib -1,(00 �sf ZxfZ Z�ctz Six l No -Fb = I,Oo tM Er6. kXTIT)WPWQ/ .9w" INC.I JOHN W.KUHN,AIA 6 MAIN STREET June 21, 1990 CHRISTOPHER E.RIDDLE,AIA A,MHERST R.KIRK JOHNSON,AIA MASSACHUSETTS 01002 413.259.1630 FAX/413.259.1621 Art Pichette Gateway Development Corp. Northampton, MA 01060 RE: Pines Edge, Northampton SUBJ: Micro-Lam Beams Dear Art, You have asked how we would substitute standard dimension lumber for the Micro-Lam beams specified for the above project. I enclose a matrix, "Built-up Beams, Substituting for Micro-Lams" , dated 6/19/90, which tabulates our recommendations. Sincerely, Christopher E. Riddle A Re�z i.�etc 4371 y N. Pines Edge 0 Q �'etrrtnrr�r� �rohr ,GMs July 19. 1990 Mr. Bruce Palmer Buildinq Inspector 210 Main Street Northampton, MA Subject: Pines Edqe RE: Substitution of Dimensional Lumber for Micro Lam Beams Dear Bruce, As per your request, I have solicited and enclosed herein copies of plans and a letter from the architect. These coincide with the materials originally sent to you but now have his professional stamp affixed. If you have anv other questions pertaining to this substitution, please contact me at your earliest convenience. atruly your Arthur L. Pichette Enclosures cc: Ed Hamel w/encl. � c. r) U Oo v i 1 _s NORTHAMPTON, MASS. 01060 1 �1_ IN ACCOUNT WITH MARIANNE ONOHUE /EGISTER OF zi- L ' T n z3 4 I i r JHN IDDLE um rt v UMT c HERST t V sf!w L SFew .SSACHUSETTS 02 259.1630 /413.259.1621 !6b S'�-- 160sp tea.sr- ► n e t a T c n �5 Z 240 �r21 Z,* r r -two �r 2'-f. Z- Z*iz z�tz- 970 psf ovo t�c.�u�svtz. T&V Zx(z ZXIz Zi<IZ -Fb = It 00 f's� .:��It,T' U' tS� sr,�sr1 Tt/ti SIC � Nt►G�D-U�r'�LS r t D !+N 2 71990 GoLe Wop D PI, ,' a - erpL Corp. Real Estate Development& Consulting Arthur L Pichette, President June 25. 1990 Mr, Bruce Palmer Building Inspector City of Northampton 210 Main Street Northampton, MA 01060 Subject: Pines Edge RE: Materials Change Dear Bruce, As you probably noted upon reviewing the plans for the above referenced project, the rafters on all of the units are shown as being carried in the vicinity of mid-stand by 16" Micro Lams. The spans for the A and B units in this instance are 16' , and 12' in the C units. After the contractor checked prices on the Micro Lams, he suggested that we might consider other alternatives. We then met with Chris Riddle, architect for the project, and worked up calculations based on live and dead loads as indicated in the Massachusetts Building Code. I have enclosed a letter Chris Riddle with his recommendations as an attachment. Based on this, we are planning to substitute Select Structural Spruce built-up beams in the quantity and sizes shown on the Matrix. Mr. Riddle has indicated that this meets all code requirements as well as conventional sizing parameters within his profession. Please call me if you have any problem with this change. Very truly your -A17 Arthur L. Pichette Enclosures cc: Ed Hamel Eight Bridge Street, Northampton, MA 01060 Telephone(413) 586-9169 Telefox(413)586-6787 r a k - JUN 2 2 1990 KUHN RIDDLE INC. JOHN W.KUHN,AIA 6 MAIN STREET June 21, 1990 CHRISTOPHER E.RIDDLE,AIA AMHERST R.KIRK JOHNSON,AIA MASSACHUSETTS 01002 413.259.1630 FA X/413.2 5 9.16 21 Art Pichette Gateway Development Corp. Northampton, MA 01060 RE: Pines Edge, Northampton SUBJ: Micro-Lam Beams Dear Art, You have asked how we would substitute standard dimension lumber for the Micro-Lam beams specified for the above project. I enclose a matrix, "Built-up Beams, Substituting for Micro-Lams", dated 6/19/90, which j tabulates our recommendations. Sin erely, . Christopher E. Riddle DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS COMPREHENSIVE PERMIT APPLICATION OF PINES EDGE ASSOCIATES PAGE NINE 2. A driveway, and 3 . At least the binder course has been installed. G. The total responsibility for the maintenance (including snow and ice removal) repair, reconstruction of the roadway and utilities shall remain with the developers, their successors and assigns, until the Planning Board fully accepts the subdivision and the developers have petitioned the City to accept the roads as City streets. H. All conditions of the Conservation Commission and Board of Health shall become a part of this Order of Conditions. I . The developer will leave at least two ( 2) mature deciduous trees in front of every lot, or plant two ( 2) three-inch caliper trees to take their place. J. All improvements required and authorized under the approval of this Definitive Subdivision Plan must be completed within six ( 6 ) years of the date of the expiration of the Appeal period if no Appeals have been filed, or the expiration of the Appeals process if an Appeal has been successfully defended. Robert C. Buscher, Chairman Dr. Peter Laband William Brandt i ► e DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS COMPREHENSIVE PERMIT APPLICATION OF PINES EDGE ASSOCIATES PAGE EIGHT objects and elevations (whenever applicable) on 4" x 6" cards, of all appropriate components ( such as bends, tees, gates, corporations, service boxes, etc. ) of said system, so that the DPW will be able to physically locate said components in the future. Said cards are to be prepared by the project' s engineer. Upon approval of the above by the DPW, the Planning Board shall instruct the developers in writing to proceed with the construction. 3 . The developers shall present proof, at their own expense, by a qualified person/firm, to be approved by the City Engineer, that the gravel to be used on the project meets State specifications. 4 . The water main shall be tested by the developers or their designees for leaks and adequate fire flow (750 gpm @ 20 psi residual pressure) under the supervision of the DPW prior to the issuance of any building permits. Building Permits shall be issued only after the Chairman of the Planning Board informs the Building Inspector that the above tests meet City requirements, and if applicable, after the issuance of a release of covenant. The fire flow test shall be conducted by a Massachusetts Registered Professional Engineer. E. Upon completion of construction, the developers shall present the Board with: 1. Record plans, the standards for which have been set by the DPW. 2. A formal petition, signed by six Northampton residents, accompanied by appropriate plans so that the Planning Board can proceed with the acceptance of the ways as City streets. The standards for the plans have been set by the DPW. 3 . A document, suitable for recording in the Hampshire County Registry of Deeds, deeding the proposed public roadway(s) to the City. F. There will be no Occupancy Permits issued by the Building Inspector for any lot until the Planning Board notifies him that the following have been constructed by the developers and approved by the City Engineer: 1. All utilities to said lot. a� ti i e � e • DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS COMPREHENSIVE PERMIT APPLICATION OF PINES EDGE ASSOCIATES PAGE SEVEN e. Addressing the liabilities that might be incurred through the existence of said detention area, an additional bank account shall be opened with sufficient funds to purchase adequate insurance coverage. 4. Submit documents, suitable for recording at the Hampshire County Registry of Deeds and subject to the approval_ of the Planning Board and City Solicitor, stating that the City is not responsible for the utilities leading to any lots after they leave the main lines on the street. 5 . The maintenance of the cul-de-sac islands ( including the berm) shall be the responsibility of the developer, his successors or assigns (excluding the City of Northampton, should the roadway be accepted as a City street) and that fact shall be stated in appropriate documents to be approved by the Planning Board and the City Solicitor. In addition, the islands shall be planted with low-maintenance vegetation. 6 . All of the above shall be presented to the Board within 60 days of the expiration of the Appeal period of the approval of the subdivision. B. The Building Inspector shall issue no permits for any of the lots of the development unless he is notified in writing by the Chair of the Planning Board that all necessary plans and documents have been recorded at the Registry of Deeds and, if applicable, any release of covenants. C. Prior to the beginning of any construction, the developers, the project' s engineer and the contractor, shall attend a pre- construction conference to be arranged by the City Engineer. D. During the physical construction of the public ways and utilities, the developers shall comply with the following: 1. The developers shall notify, in writing, the DPW and Planning Board five days in advance of commencement of construction and subsequent phases of construction so that proper inspection can take place. 2. After the installation of the complete water system, and prior to the placement of any gravel on the proposed roadway, the developers shall present ties to fixed and easily identifiable y! ► e DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS COMPREHENSIVE PERMIT APPLICATION OF PINES EDGE ASSOCIATES PAGE SIX 1. Submit easement documents, suitable for recording at the Hampshire County Registry of Deeds, for all proposed easements shown on the Definitive Subdivision Plan for approval by the Planning Board and the City Solicitor. 2. The Applicant shall provide the City with a Performance Guarantee, subject to the approval of the Planning Board and City Solicitor. Said Performance Guarantee may take the form of either: 1 ) A Covenant (Form I of the Northampton Subdivision Regulations) ; or 2) A Bond, deposit of money or negotiable security in conformance with the provisions of Section 81-U of Chapter 41, K. G. L. Should the Applicant choose a Bond, deposit of money or negotiable security, then the Applicant shall complete all of the required improvements in the approved Definitive Subdivision Plan at least nine months prior to the expiration of the Bond (etc. ) , so that the City will have time to draw upon said funds and complete the unfinished work. The monetary value of the Bond shall be agreed to by the DPW, and shall be 100% of the cost of completion as of the date the Bond (etc. ) expires. 3 . Submit documents, suitable for recording at the Hampshire County Registry of Deeds, and subject to the approval of the Planning Board and City Solicitor, relative to the detention area and all storm drain pipes outside the proposed easements containing, among other things, explicit wording: a. That said detention area and pipes shall not become the responsibility or liability of the City, and all construction, reconstruction, maintenance and all liabilities relative to said area and pipes shall become the full responsibility of the developers, property owners, homeowners ' association, or approved (by the Planning Board) equal. b.That the City has the right to discharge storm water into said detention area. C. That a maintenance schedule with regular inspection by a qualified person to insure proper function of the detention area and pipes shall be established ( said specific schedule shall be included in the document) . d. That a bank account shall be established to cover the expenses incurred during the maintenance of the detention area and pipes. Said bank account shall have a minimum balance of $3 ,000 at all times. s s i e e DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS COMPREHENSIVE PERMIT APPLICATION OF PINES EDGE ASSOCIATES PAGE FIVE placed under a Conservation Restriction/Easement under Chapter 666 of the Acts of 1969. Said Conservation Restriction/Easement shall be of suitable wording and format acceptable to the Northampton Conservation Commission. Said Conservation Restriction/Easement must be submitted to and approved by the Conservation Commission prior to the commencement of construction of any portion of this project. I . The entire area covered by the Conservation Restriction/Easement, or a lesser area if acceptable to the Northampton Conservation Commission, shall be offered as a gift to the City of Northampton, under the control and management of the Conservation Commission. Said offer shall be made within 18 months of the expiration of the Appeal period of this Special Permit if no appeals have been filed, or the expiration of the Appeal process if an appeal has been successfully defended. J. No Certificates of Occupancy may be issued for any of the units until all of the required improvements to Cooke Avenue have been completed, and a letter has been submitted to and been approved by the Department of Public Works, from the Project Engineer, certifying that all work on Cooke Avenue has been completed in conformance with the approved plans. This condition is subject to any additional Building Permit or Occupancy Permit restrictions that might be placed on the development by the Planning Board in relation to their approval of the Definitive Subdivision Plan. K. If grants are received by the Applicant for the construction and improvement of the roadways and related utilities which require the involvement of the Northampton Department of Public Works (e. g. , inspections, preparation of bid documents, administration of bid process, etc. ) , then the Department of Public Works shall be paid a fee by the Applicant for such services equal to one percent of the construction costs for said improvements. PART TWO: Approval of the Definitive Subdivision Plan entitled, "Pines Edge, " is subject to the following conditions: A. Prior to the Planning Board endorsing the approved Definitive Subdivision Plan, in addition to the requirements of Section 6:05 ( 3 ) of the Northampton Subdivision Rules and Regulations, the Applicant shall complete the following: as Prti i e e a DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS COMPREHENSIVE PERMIT APPLICATION OF PINES EDGE ASSOCIATES PAGE FOUR b. Section 7 : 07 waiving the requirement to construct any Sidewalks. C. Detailed engineering/construction plans governing alb site, structural and utility improvements relating to the project not ordinarily governed under the Subdivision Approval Process (i. e. , outside of the proposed right-of-way) , shall be submitted to and approved by the Planning Board in conjunction with their review and approval of the above-required Definitive Subdivision Plan. D. The following requested waivers from the Northampton Zoning Ordinance are granted: 1 . Section 8.10 ( 12 ) permitting driveway entrance widths of 24 feet in lieu of the required 15 foot maximum width. 2 . Section 5. 2 (Table of Use Regulations) , waiving the prohibition against Townhouses in Rural Residential Districts. 3 . Section 6. 5 (Table of Dimensional and Density Regulations) , waiving the dimensional and density regulations for Rural Residential Districts. 4. Section 11.10(2) , waiving the requirement for a Planning Board Special Permit and strict compliance with the regulations for a Residential Incentive Development. E. Any other required local, state and federal permits must be received (e. g. , Conservation Commission, Department of Public Works, Board of Health, DEQE, etc. ) prior to the issuance of Building Permits and the commencement of construction of this project. Such permits shall become a part of this Comprehensive Permit. F. The project shall commence within 18 months and shall be completed within five years of the expiration of the Appeal period if no appeals have been filed, or the expiration of the Appeal process if an appeal has been successfully defended. G. The required improvements on Cooke Avenue shall be completed prior to the commencement of non-roadway and utility improvements within the project (Pines Edge) site. H. The wetland area on the northerly portion of the site shall be 4 ('INSPECTIONS klk 01060 DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS COMPREHENSIVE PERMIT APPLICATION OF PINES EDGE ASSOCIATES PAGE THREE b. Section 7: 01 ( 4. ) and Appendix E, permitting a Cooke Avenue/Hatfield Street intersecting angle of approximately 75 degrees, in lieu of the required intersecting angle of 90 degrees, provided that the sight distance for cars exiting Cooke Avenue onto Hatfield Street be improved by: • ( 1) Widening Cooke Avenue ( following the required Department of Public Works Shade Tree Hearing) . ( 2 ) Cutting down the 'large tree at the Northeast corner of the intersection (following the required Department of Public Works Shade Tree Hearing) . ( 3 ) Petitioning the appropriate agencies to reduce the speed limit on Hatfield Street, if they deem it necessary. ( 4) Attempting to procure a sight restriction easement from the apartment complex at the corner of Cooke Avenue and Hatfield Street. 2 . For Pines Edge Road improvements: a. Section 7: 01 ( 5.a. ) permitting a dead-end street of 1,700 feet (measured from the Cooke Avenue/Hatfield Street intersection) , in lieu of the required maximum dead-end street length of 1,000 feet. b. Section 8: 21 ( 6) permitting a dead-end (non-looped) water main in lieu of the preferred looped system, provided: ( 1) It meets with the approval of the Northampton Board of Health, and ( 2) A computer model of fire flows when the municipal wells are not in operation is conducted, and the flows are acceptable to the Northampton Fire Chief. c. Section 7 :01 (4.b. ) permitting a centerline alignment tangent of 75 feet in lieu of the required 100 feet. 3 . For both Cooke Avenue and Pines Edge Road improvements: a. Section 7: 01 ( 8.a. and 8 .b. ) and Appendix F, permitting a paved roadway width of 24 feet in lieu of the required paved roadway width of 28 feet. F f a• 6{{l S���.�, f DEPT.)Ov 4 i Bt D ��OF;Tt{h?�"PT4N,M A.01060 DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS nn COMPREHENSIVE PERMIT APPLICATION OF PINES EDGE ASSOC D A s, PAGE TWO V -� THE FOLLOWING CONDITIONS SHALL APPLY: DEPt OFBUILDI,IG A. All work shall comply and be in conformance with the following: 1. Plans entitled, "PINES EDGE, NORTHAMPTON, MASSACHUSETTS" Prepared For: Pines Edge Associates, 8 Bridge Street, Northampton, MA 01060, Prepared by: Almer Huntley, Jr. and Associates, Inc. Surveyors, Engineers, Landscape Architects, 30 Industrial Drive, Northampton, MA 01060 , including Sheets 1/7, 2/7, 5/7 ,and 6/7 all dated September, 1988 ; Sheets 3/7 and 4/7 dated September 2, 1988, and Sheet 7/7 dated June 17, 1988 submitted to the Zoning Board of Appeals on October 18, 1988 . 2. "APPLICATION FOR COMPREHENSIVE PERMIT to the Zoning Board of Appeals of the City of Northampton, Applicant: Pines Edge Associates, Northampton, MA 01060; Submission by David R. Kaplan, Esq. , Brownell, Gliserman, Washburn, Gervais & Kaplan, Attorney for Pines Edge Associates, 8 Crafts Avenue, Northampton, MA 01060 ( 413 ) 584-7271 submitted to the Zoning Board of Appeals on October 18, 1988 . 3 . PROJECT MANUAL, "PINES EDGE," NORTHAMPTON, MASS. prepared by Almer Huntley, Jr. and Associates, Inc. , Surveyors, Engineers, Landscape Architects, submitted to the Zoning Board of Appeals on October 18 , 1988. B. Definitive Subdivision Plans for the project, including Pines Edge Road and the required improvements to Cooke Avenue, must be submitted to and approved by the Northampton Planning Board in accordance with M. G. L. , Chapter 41 and the "Rules and Regulations Governing the Subdivision of Land in the City of Northampton, " subject to all Planning Board requirements, except for the following granted waivers: 1. For Cooke Avenue improvements: a. Section 7:01 (7. ) and Appendix C for a reduction of the required 60 foot right-of-way, provided said right-of-way is not less than 49 .5 feet wide. Should said existing right-of-way prove to be less than 49. 5 feet wide, then the Applicant must obtain enough land to increase said width to a 49 . 5 foot minimum. i a t e e �EP 0 8 � f NORTHA�PiQ,�L'G{��$010 0�N$ � DECISION OF ! NORTHAMPTON ZONING BOARD OF APPEALS ! I� ! At a meeting held on January 4, 1989, the Zoning Board of Appeals of the City of Northampton voted unanimously to GRANT ; the request of Pines Edge Associates for a Comprehensive Permit !! under the Provisions of M. G. L. Chapter 40B to allow ,,; construction of a 38 unit townhouse condominium development on 26 acres located off Cooke Avenue, specifically Parcel 2 of !' Sheet 18 of the Northampton Assessors' Maps. Present and voting '. were Chairman Robert C. Buscher, Dr. Peter Laband and William Brandt. !` The findings were as follows: i M. G. L. 40B allows a project to be granted a Comprehensive Permit with requirements and regulations attached thereto that I are consistent with local needs. Section 20 defines requirements and regulations as being consistent with local needs if they are reasonable in view of: 1. the regional need for low and moderate income housing considered with the number of low income persons in the city; " 2. the need to protect the health or safety of the occupants of the proposed housing or of the residents of the city; j3 . the need to promote better site and building design in relation to the surroundings; 4. the need to provide open space. Furthermore, if the Comprehensive Permit is granted ,conditionally, said conditions must not be intended to render the project "uneconomic," that is , impossible for a public or non-profit 'limited dividend organization to construct and/or operate without realizing a reasonable return. This Board finds that the Pines Edge project is consistent 1with local needs, in that it meets a need for low and moderate !income housing, that the plans adequately protect of health and ,safety of the occupants, and that the design is in harmony with the site. l �I i; f' i r : Fifth, develeanent in the area will create increased demands on sc:cols, fire and police protecticn, etc. Sixth, development does not conform with cite pla^,r.ing for c--en sraca and resource protection. The Zoning Board of Appeals r-ight cc-sider whether • :z th ;s pa_rt.icalar area of the city is an a=rcnriaze use of such tme-; as C=rt-dty Devele=-cent Act Grants. Would nct —,ach Lads be more apprc_r'_ate, a�l'_e�3 to the re'uve_^atian of parts of the city where cc�.2r.ts of the new wnLd have better access to t:-z c-rsercial and instiz'ati=:a resources of t,-L- ci~7. while, at the same time, imprcvirn ,.e develcped cit.: a-.d savir:g the ci, 's invaluable and irreplaceable :at=—a"' resctr.ces? I deeply res-ecy the cc=lexity of yct;r in makine decis crs cf this nature, and I I^.cpe my ebse=tatiars will be helpful tc ;:cu. Sincerely :�c::ie F::blev pe�'�an:Zl �:V1raII7r°*ttZilSt. (n rt H ►• it P► ►+• N (() M (t ro n F 1 Cy Z C1 7 'd `) N• r f 'J tU ►•• Y ►,• U rr 7 h N U► rJ rt fD k.. ,lg rS !L (1, 11 �i fD f1 UI rr ►i �j (1. FFF (D N !„ rt ►' rr rt C►" (. ►• �i �•• f. ro ,. c) u) to rD �i�., pl 'i a i C t ;i •., (t N n P( Ul (L rt I- I O t rr n t_�. t - to •C (� In c� r r i (D rt ;r ► , !v rt f i rt }�► -n !). - t)i E). ;t to r 1, rn '7' II) �� Iur h� rt f. [). f i r ,i r t () E U FI) G) ra E '! tt (Q ►.. It Ili ro rt, ;1 ►�. r: �,. 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Sincerely, Terry Blunt r.; L�1ri1D11 L Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Management 136 Damon Road Nov. 9, I°g 8 • Northampton Massachusetts 01060 413-586-8706 Mr . Robert Buscher, Chair Zoning Board of Appeals Division of Northampton, MA 01060 Planning & Development Dear Mr. Buscher; I recently learned of tonight ' s hearing regarding the Pines Edge proposal of: Cooke Ave. , and wanted to provide some background on that general area Westem Office which may be of assistance in reaching a decision. I was actively involved in the acquisition of the Fitzgerald Lake property and the Marion St. Conservation Area on behalf of the Conservation Commission. At the time, the general concept was to try to include as much as possible of the properties in between. The reason was that this area, and indeed more acreaae above the Northampton line, was of outstandinc wildlife habitat value, much of 'which could be lost if development were to take place there. Because of its laraely unbroken character, this section of Northampton is usable by larger animals ri=tea Laz ge site habitat requirements , lnc!"dl..0 EaSt2rn covotes and black bears. The wetlands) too have been considered to be of greater thar, �- average value for at least taro plant species, and I have received data that there are locations near these wetlands that are archeologically significant. Last week, I received information that the general area was being considered for nomination as an Area of Critical Environmental Concern (ACEC) . This designation is given to places that have special or unique qualities of particular concern to the Commonwealth. Peripheral development or development within such areas should be reviewed with extreme care. Although I cannot make tonight' s hearing, I would y 1 4. We will reserve any additional review comments for definitive plans. If you have any question, please call me or George Andrikidis at 582-1574. • Yours truly Paul 0. Hadsel Director of Public Works P.O.H./G.A./lmb cc: Conservation Commission Planning Board W.R. Garrity, Huntley EXHIBIT C CITY OF NORTHAMPTON, MASSACHUSETTS DEPARTMENT OF PUBLIC WORKS 125 Locust Street Northampton, MA 01060 Paul 0. Hadsel 413-586.6850 ext. 270 Director of Public Works Peter J. McNulty, Sr. Assistant Director of Public Works November 30, 2988 Robert Buscher, Chairman .Zoning Board of Appeals City Hall, Northampton Ref: "Pines Edge" Comprehensive Permit Dear Mr. Buscher: Our office has reviewed the November 23, 1988 submission concerning the drainage of the above mentioned development. We have, in addition to our previous comments (see letter dated 11-8-88) , the following comments: 1. Proposed utilities (sanitary, storm and water) have to be located under the proposed pavement and they should not cross each other. 2. Last hydrant on water main should be located as close to the end of the main as possible. 3. Drainage calculations as submitted show the following: (a) The creation of a detention area at the easterly side of the proposed roadway near Cooke Avenue should be shown on the plans. In addition the outlet of said area should be lower than the proposed inlet. _ The Department of Public Works will not assume ownership, . responsibility or liability for said area. (b) The existing 12" ACCN.P pipe located under Boggy Meadow Road is unable to handle the existing runoff. The area immediately above it acts as a detention area until the water reaches the level of Boggy Meadow Road, runs across said road and enters the brook at the down- stream side of the culvert. Projections show that the proposed conditions will not increase the amount of runoff. However, the drainage from portions of the proposed roadway, which could become an accepted street, will discharge into the area above the culvert, which presently is an established wetland. The Department of Public Works will not assume ownership, responsibility or liability for said area. f . if you have any questions please call me or George Andrik'd -s at 586-6950 extension 274. • Yours truly, Ful �dse1 Director of Public Works POH/CA/b cc: Nancy Duseau D. Roadwav Width Based on the current C1-7 Standards Cooke Avenue should be 28 feet wide and the roadway within the development 25 feet wide. The proposed roadway widths are 24 feet throughout. We believe that Cooke Avenue cannot be widened to 28 feet without adversely affecting exist;�.g residences, therefore, approval of this project should prohibit any further development along that section of Cooke Avenue. E. Sizht Distance The study presented by the project's engineer shows that the sight distance for cars e=-sting Cooke Avenue onto Hatfield Street could be improved by (a) widening Cooke Avenue (b) by cutting down a large tree located at the intersection (c) by reducing the speed limit on Hatfield Street to 25 :-TH and (d) by, if proven necessary, acquir,::g a sight restriction easement from the apartment complex located at the corner. Any approval should be conditional on the above. F. Water System. The project's water main is dead ended. For safety and healzh reasons water mains should be looped however in this particular case we do not feel that this is feasible. G. Drai.^ase No drainage calc•ilations have been presented therefore the proposed drainage system cannot be evaluated. H. Easements Developer should grant easements (plans and doc•.mzents suitable forrecording at the Registry of Deeds) for both sanitary water and storm drains located outside the layout of the proposed streets. I. Const^action Standards The Denarzment of Public Works+w2l not ad-Jn4star, inspect or accept any roadway or utility which has not been constructed iz accordance with the City's construction standards and typical cross section. The present plans do not reflect the above. J. Record Plans - Street Acceptance Kans The developer should submit the above at the completion of a' public improvements. R. Dr'veways Proposed driveways might need a special permit by the City since they ezcaed the 15 foot width allowed by zoning. L. Sidewalks A sidewalk should be constructed on Cooke Avenue. M. Waivers Centerl�ne a14g=ent waiver from 100 feet to 75 feet should not be granted. N. We have noted that the existing constraints on this project make it impractical to meet many of the C+t7's requirements and as such it requires substantial waivez5 to the Regulations. If it is the Board's decision to allow zn-4s project wits waivers on street widths, looping water lines, etc. it must be understood that no precedence will be established. It may be for our departmeat in the future to uphold the Cit7 standards which are based on sound engineering pr=cipals if the CIt7 allows substant_a_ waivers without strong evidence of overiding public need. EXHIBIT B CITY OF NORTHAMPTON, MASSACHUSc'TTS DEPARTMENT OF PUBLIC WORKS 125 Locust Street Northampton, MA 01060 413-586-6950 ext. 270 Paul 0. Hadsel Dlrecror of Public Woncs Peter J. McNulty, Sr. November 8, 1988 4ssisranf Dlrecror of Public Works Robert Buscher, Chairnan Zopang Board of Appeals City Hall Northampton, YA 01060 Ref: "pines edge" Comprehensive Pe-t= it Dear M Buscher: our office has reviewed the application for the above mentioned development. We have the following comments. A. CD, Ad=i_-;st_ation It is our understanding that should this project be approved, the adrnJ-+;stration of the CDAG w^11 be done by the Depar went of ?ublic Works. Please be advised that due to fiscal and personnel restraints we will be unable to provide any ser�ricas involving design and preparation of bid documents. We will however ad-4mi tar the contract and inspect the project for a fee which can be detarsined at a later date. B. Street Lavout Our records show that the layout of the accented portion of Cooke Ave. is 33 feet wide. (Said layout stops at the of Eny Lane) . There are �4-cii-=b oas tha i_'. t the layout might be 50 feet wide. we ezzec= -_=z vita, the help of Al=er Huntley, and Associates the issue wi.Ll be resolved in the near future. Should the official layout prove to be 33 feet wide no imp,ovemeats oa Cooke Avenue are possible without land takings. Should the or:iccal _a ou= pro Ta to Ze 3u �.._ then w�' mat-. the rem ai=° :0 foot la7aui Of C.;cka Ave ue (Aka Bogy Meadcw Road) . The City's standard for street layout on residential streets is 60 feat wide. Please be advised that approval, of this project does not guarantee ultimate street acceptance by the City Council.. Should the City Council disapprove the street acceptant_ how v-411 that affect the status of the project and the CRAG financi^.g? C. Street Leas*_h The distance from the intersection of Cooke Avenue Hatfield Street to the cul-de-sac of the proposed street is approximately 1700 feet which exceeds the 1,000 foot 144t for dead end streets. DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS COMPREHENSIVE PERMIT APPLICATION OF PINES EDGE ASSOCIATES PAGE NINE 2 . A driveway, and 3 . At least the binder course has been installed. G. The total responsibility for the maintenance (including snow and ice removal) repair, reconstruction of the roadway and utilities shall remain with the developers their successors and assigns, until the Planning Board fully accepts the subdivision and the developers have petitioned the City to accept the roads as City streets. H. All conditions of the Conservation Commission and Board of Health shall become a part of this Order of Conditions. I . The developer will leave at least two ( 2) mature deciduous trees in front of every lot, or plant two ( 2) three-inch caliper trees to take their place. J. All improvements required and authorized under the approval of this Definitive Subdivision Plan must be completed within six ( 6) years of the date of the expiration of the Appeal period if no Appeals have been filed, or the expiration of the Appeals process if an Appeal has been successfully defended. Robert C. Buscher, Chairman �. Pe,rt , Dr. Peter Laband William Brandt Cate Time ZO A true copy Attest: �� ,City C1erk,City of Northampton DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS COMPREHENSIVE PERMIT APPLICATION OF PINES EDGE ASSOCIATES PAGE EIGHT objects and elevations (whenever applicable) on 4" x 6" cards , of all appropriate components ( such as bends, tees, gates, corporations, service boxes, etc. ) of said system, so that the DPW will be able to physically locate said components in the future. Said cards are to be prepared by the project's engineer. Upon approval of the above by the DPW, the Planning Board shall instruct the developers in writing to proceed with the construction. 3 . The developers shall present proof, at their own expense, by a qualified person/firm, to be approved by the City Engineer, that the gravel to be used on the project meets State specifications. 4 . The water main shall be tested by the developers or their designees for leaks and adequate fire flow (750 gpm @ 20 psi residual pressure) under the supervision of the DPW prior to the issuance of any building permits. Building Permits shall be issued only after the Chairman of the Planning Board informs the Building Inspector that the above tests meet City requirements, and if applicable, after the issuance of a release of covenant. The fire flow test shall be conducted by a Massachusetts Registered Professional Engineer. E. Upon completion of construction, the developers shall present the Board with: 1 . Record plans , the standards for which have been set by the DPW. 2. A formal petition, signed by six Northampton residents , accompanied by appropriate plans so that the Planning Board can proceed with the acceptance of the ways as City streets. The rcw }wn tuns have been set by the DPW. 3 r, coc•V:~�e�t, suitable for recording in the Hampshire County Registry of Deeds, deeding the proposed public roadway(s) to the City. F. There will be no Occupancy Permits issued by the Building Inspector for any lot until the Planning Board notifies him that the following have been constructed by the developers and approved by the City Engineer: 1. All utilities to said lot. � a a DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS COMPREHENSIVE PERMIT APPLICATION OF PINES EDGE ASSOCIATES PAGE SEVEN e. Addressing the liabilities that might be incurred through the existence of said detention area, an additional bank account shall be opened with sufficient funds to purchase adequate insurance coverage. 4 . Submit documents , suitable for recording at the Hampshire County Registry of Deeds and subject to the approval of the Planning Board and City Solicitor, stating that the City is not responsible for the utilities leading to any lots after they leave the main lines on the street. 5 . The maintenance of the cul-de-sac islands ( including the berm) shall be the responsibility of the developer, his successors or assigns (excluding the City of Northampton, should the roadway be accepted as a City street) and that fact shall be stated in appropriate documents to be approved by the Planning Board and the City Solicitor. In addition, the islands shall be planted with low-maintenance vegetation. 6 . All of the above shall be presented to the Board within 60 days of the expiration of the Appeal period of the approval of the subdivision. B. The Building Inspector shall issue no permits for any of the lots of the development unless he is notified in writing by the Chair of the Planning Board that all necessary plans and documents have been recorded at the Registry of Deeds and, if applicable, any release of covenants. C. Prior to the beginning of any construction, the developers, the project' s engineer and the contractor, shall attend a pre- construction conference to be arranged by the City Engineer. D. During the physical construction of the public ways and utilities, the developers shall comply with the following: 1 . The developers shall notify, in writing, the DPW and Planning Board five days in advance of commencement of construction and subsequent phases of construction so that proper inspection can take place. 2. After the installation of the complete water system, and prior to the placement of any gravel on the proposed roadway, the developers shall present ties to fixed and easily identifiable a a i- m a DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS COMPREHENSIVE PERMIT APPLICATION OF PINES EDGE ASSOCIATES PAGE SIX 1. Submit easement documents, suitable for recording at the Hampshire County Registry of Deeds, for all proposed easements shown on the Definitive Subdivision Plan for approval by the Planning Board and the City Solicitor. 2. The Applicant shall provide the City with a Performance Guarantee, subject to the approval of the Planning Board and City Solicitor. Said Performance Guarantee may take the form of either: 1) A Covenant (Form I of the Northampton Subdivision Regulations) ; or 2) A Bond, deposit of money or negotiable security in conformance with the provisions of Secticn 81-U of Chapter 41 , K. G. L. Should the Applicant choose a Bond, deposit of money or negotiable security, then the Applicant shall complete all of the required improvements in the approved Definitive Subdivision Plan at least nine months prior to the expiration of the Bond (etc. ) , so that the City will have time to draw upon said funds and complete the unfinished work. The monetary value of the Bond shall be agreed to by the DPW, and shall be 100% of the cost of completion as of the date the Bond (etc. ) expires. i 3 . Submit documents, suitable for recording at the Hampshire County Registry of Deeds , and subject to the approval of the Planning Board and City Solicitor, relative to the detention area and all storm drain pipes outside the proposed easements containing, among other things, explicit wording: a. That said detention area and pipes shall not become the responsibility or liability of the City, and all construction, reconstruction, maintenance and all liabilities relative to said area and pipes shall become the full responsibility of the developers, property owners, homeowners ' association, or approved (by the Planning Board) equal. b.That the City has the right to discharge storm water into said detention area. C. That a maintenance schedule with regular inspection by a qualified person to insure proper function of the detention area and pipes shall be established (said specific schedule shall be included in the document) . d. That a bank account shall be established to cover the expenses incurred during the maintenance of the detention area and pipes. Said bank account shall have a minimum balance of $3 ,000 at all times. at�� ? � ti i a DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS COMPREHENSIVE PERMIT APPLICATION OF PINES EDGE ASSOCIATES PAGE FIVE placed under a Conservation Restriction/Easement under Chapter 666 of the Acts of 1969 . Said Conservation Restriction/Easement shall be of suitable wording and format acceptable to the Northampton Conservation Commission. Said Conservation Restriction/Easement must be submitted to and approved by the Conservation Commission prior to the commencement cf construction of any portion of this project. I . The entire area covered by the Conservation Restriction/Easement, or a lesser area if acceptable to the Northampton Conservation Commission, stall be offered as a gift to the City of Northampton, under the control and management of the Conservation Commission. Said offer shall be made within 18 months of the expiration of the Appeal period of this Special Permit if no appeals have been filed, or the expiration of the Appeal process if an appeal has been successfully defended. J. No Certificates of Occupancy may be issued for any of the units until all of the required improvements to Cooke Avenue have been completed, and a letter has been submitted to and been approved by the Department of Public Works, from the Project Engineer, certifying that all work on Cooke Avenue has been completed in conformance with the approved plans. This condition is subject to any additional Building Permit or Occupancy Permit restrictions that might be placed on the development by the Planning Board in relation to their approval of the Definitive Subdivision Plan. K. If grants are received by the Applicant for the construction and improvement of the roadways and related utilities which require the involvement of the Northampton Department of Public Works (e. g. , inspections, preparation of bid documents , administration of bid process, etc. ) , then the Department of Public Works shall be paid a fee by the Applicant for such services equal to one percent of the construction costs for said improvements. PART TWO: Approval of the Definitive Subdivision Plan entitled, "Pines Edge, " is subject to the following conditions: A. Prior to the Planning Board endorsing the approved Definitive Subdivision Plan, in addition to the requirements of Section 6 : 05 ( 3 ) of the Northampton Subdivision Rules and Regulations, the Applicant shall complete the following: ¢t Thum b ti 9 DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS COMPREHENSIVE PERMIT APPLICATION OF PINES EDGE ASSOCIATES PAGE FOUR b. Section 7:07 waiving the requirement to construct any Sidewalks. C. Detailed engineering/construction. plans governing all site, structural and utility improvements relating to the project not ordinarily governed under the Subdivision Approval Process (i. e. , outside of the proposed right-of-way) , shall be submitted to and approved by the Planning Board in conjunction with their review and approval of the above-required Definitive Subdivision Plan. D. The following requested waivers from the Northampton Zoning Ordinance are granted: 1. Section 8 .10 (12) permitting driveway entrance widths of 24 feet in lieu of the required 15 foot maximum width. 2 . Section 5 . 2 (Table of Use Regulations) , waiving the prohibition against Townhouses in Rural Residential Districts. 3 . Section 6 .5 (Table of Dimensional and Density Regulations ) , waiving the dimensional and density regulations for Rural Residential Districts. 4 . Section 11.10(2) , waiving the requirement for a Planning Board Special Permit and strict compliance with the regulations for a Residential Incentive Development. E. Any other required local, state and federal permits must be receives (e. g. , Conservation Commission, Department of Public Works, Board of Health, DEQE, etc. ) prior to the issuance of Building Permits and the commencement of construction of this project. Such permits shall become a part of . this, Comprehensive F. The project shall commence within 18 months and shall be completed within five years of the expiration of the Appeal period if no appeals have been filed, or the expiration of the Appeal process if an appeal has been successfully defended. G. The required improvements on Cooke Avenue shall be completed prior to the commencement of non-roadway and utility improvements within the project (Pines Edge) site. H. The wetland area on the northerly portion of the site shall be o-tnwn,. a a 9 r DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS COMPREHENSIVE PERMIT APPLICATION OF PINES EDGE ASSOCIATES PAGE THREE b. Section 7: 01 ( 4 . ) and Appendix E, permitting a Cooke Avenue/Hatfield Street intersecting angle of approximately 75 degrees, in lieu of the required intersecting angle of 90 degrees , provided that the sight distance for cars exiting Cooke Avenue onto Hatfield Street be improved by: ( 1) Widening Cooke Avenue (following the required Department of Public Works Shade Tree Hearing) . ( 2) Cutting down the large tree at the Northeast corner of the intersection ( following the required Department of Public Works Shade Tree Hearing) . ( 3 ) Petitioning the appropriate agencies to reduce the speed limit on Hatfield Street, if they deem it necessary. ( 4) Attempting to procure a sight restriction easement from the apartment complex at the corner of Cooke Avenue and Hatfield Street. 2. For Pines Edge Road improvements: a. Section 7 :01 ( 5 .a. ) permitting a dead-end street of 1,700 feet (measured from the Cooke Avenue/Hatfield Street intersection) , in lieu of the required maximum dead-end street length of 1,000 feet. b. Section 8 : 21 ( 6) permitting a dead-end (non-looped) water main in lieul of the preferred looped system, provided: ( 1) It meets with the approval of the Northampton Board of Health, and (2 ; ri ;.crrut e_ mc::e_ cr" f ire f lows when the municipal wels are nct in operation is conducted, and the flows are acceptanl ce to the Northampton Fire Chief. c. Section 7 :01 ( 4 .b. ) permitting a centerline alignment tangent of 75 feet in lieu of the required 100 feet. 3 . For both Cooke Avenue and Pines Edge Road improvements : a. Section 7: 01 ( 8 .a. and 8.b. ) and Appendix F, permitting a paved roadway width of 24 feet in lieu of the required paved roadway width of 28 feet. s � � m ; e DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS COMPREHENSIVE PERMIT APPLICATION OF PINES EDGE ASSOCIATED PAGE TWO THE FOLLOWING CONDITIONS SHALL APPLY: A. All work shall comply and be in conformance with the following: 1. Plans entitled, "PINES EDGE, NORTHAMPTON, MASSACHUSETTS" Prepared For: Pines Edge Associates, 8 Bridge Street, Northampton, MA 01060, Prepared by: Almer Huntley, Jr. and Associates, Inc. Surveyors, Engineers, Landscape Architects, 30 Industrial Drive, Northampton, MA 01060 , including Sheets 1/7, 2/7, 5/7 ,and 6/7 all dated September, 1988 ; Sheets 3/7 and 4/7 dated September 2, 1988 , and Sheet 7/7 dated June 17, 1988 submitted to the Zoning Board of Appeals on October 18, 1988 . 2. "APPLICATION FOR COMPREHENSIVE PERMIT to the Zoning Board of Appeals of the City of Northampton, Applicant: Pines Edge Associates, Northampton, MA 01060 ; Submission by David R. Kaplan, Esq. , Brownell, Gliserman, Washburn, Gervais & Kaplan, Attorney for Pines Edge Associates, 8 Crafts Avenue, Northampton, MA 01060 ( 413 ) 584-7271 submitted to the Zoning Board of Appeals on October 18 , 1988 . 3 . PROJECT MANUAL, "PINES EDGE, " NORTHAMPTON, MASS. prepared by Almer Huntley, Jr. and Associates, Inc. , Surveyors, Engineers , Landscape Architects, submitted to the Zoning Board of Appeals on October 18 , 1988 . B. Definitive Subdivision Plans for the project, including Pines Edge Road and the required improvements to Cocke Avenue, must be submitted to and approved by the Northampton Planning Board in accordance with M. G. L. , Chapter 41 and the "Rules and Regulations Governing the Subdivision of Land in the City of Northampton," subject to all Planning Board reairements, except for the following granted waivers: 1. For Cooke Avenue improvements: a. Section 7 :01 (7 . ) and Appendix C for a reduction of the required 60 foot right-of-way, provided said right-of-way is not less than 49.5 feet wide. Should said existing right-of-way prove to be less than 49 .5 feet wide, then the Applicant must obtain enough land to increase said width to a 49 .5 foot minimum. 9 y mN-r a - "A ' EXHIBIT A j 1' DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS At a meeting held on January 4, 1989, the Zoning Board of Appeals of the City of Northampton voted unanimously to GRANT the request of Pines Edge associates for a Comprehensive Permit under the Provisions of M. G. L. Chapter 40B to allow construction of a 38 unit townhouse condominium development on 26 acres located off Cooke Avenue, specifically Parcel 2 of Sheet 18 of the Northampton Assessors' Maps. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband and William '' Brandt. i The findings were as follows: M. G. L. 40B allows a project to be granted a Comprehensive Permit with requirements and regulations attached thereto that are consistent with local needs. Section 20 defines requirements and regulations as being consistent with local needs if they are reasonable in view of: 1. the regional need for low- and moderate income housing considered with the number of low income persons in the city; 2. the need to protect the health or safety of the occupants of the proposed housing or of the residents of the city; 3 . the need to promote better site and building design in relation to the surroundings; 4. the need to provide open space. Furthermore, if the Comprehensive Permit is granted conditionally, said conditions must not be intended to render the project "uneconomic," that is , impossible for a public or non-profit limited dividend organization to construct and/or ,operate without realizing a reasonable return. i I j! This Board finds that the Pines Edge project is consistent : with local needs , in that it meets a need for low and moderate Iincome housing, that the plans adequately protect of health and .safety of the occupants, and that the design is in harmony with lithe site. i i l I I; Complaint 8 2 . That this Court order said decision annulled. 3 . For such further appropriate relief as this Court may order. Respectfully submitted, The Plaintiffs By their Attorney, I DATE: January 31, 1989 V Nr J. en, J . , Esquire CENT, GREEN, LIPTON & WHITE P.O. Box 210 5 Hampton Avenue Northampton, MA 01061 (4 13) 586-8218 BBO# 209020 i i I I E �I I I I Complaint 7 building design in relation to the surroundings where the proposed project makes little, if any, provisions for safeguarding critical nature and wildlife habitat, and i threatens sensitive wetlands . F. The ZBA made no specific factual findings and cited no reasons in support of a conclusion that this project was reasonable in view of the need to provide and protect critical open space and natural habitat in face of clear indications that rare and critical natural habitat was i threatened by the project. See Exhibit D Department of Environmental Management letter dated November 9 , 1988 and Exhibit E, Massachusetts Audubon Society letter dated November 8 , 1988 which exhibits are incorporated by reference to this Complaint. WHEREFORE, the Plaintiffs pray: �. 1 . For a determination by this Court that the ZBA' s decision i granting Pines a comprehensive permit pursuant t. General Laws Chapter 40B, Section 21 exceeded the authority of i that Board. i �I I i i Complaint 6 support the conclusion that there is a need for waivers under Massachusetts General Laws Chapter 40B, Section 21 consistent with local needs . I I I C. The ZBA failed to make any specific factual findings or I recite reasons leading to their conclusion that the subject I project is consistent with local needs . j i I D. The ZBA made no specific findings that this project was I consistent with the need to protect the health and welfare of the occupants of the proposed project or residents of ! I the City with reference, among other things, to the I decision to waive the requirement for a looped water system and failure to review project drainage plans which was contrary to the recommendations of the Northampton Department of Public Works, which are incorporated by reference in this Complaint of the Northampton Department II of Public Works . See Exhibits B and C letters of November j t 8, 1988 and November 30, 1988 . I E. The ZBA made no specific factual findings and cited no i reasons in support of a conclusion that this project was reasonable in view of the need to promote better site and I i I I complaint 5 reasonable and consistent with local needs is unsupported by any subsidiary findings of fact based on factual evidence i before the Board. The decision is conclusiry, is not based on evidence before the Board, fails to state reasons in support of i i the findings, and was reached without opportunity for full and I adequate public discussion and consideration of contrary reports of other state municipal agencies, boards, and j departments to including, among others, the Northampton Department of Public Works, the Massachusetts Department of Environmental Management and the Massachusetts Audubon Society. 16 . The ZBA exceeded its authority under Massachusetts General I Laws Chapter 40B, Section 21 when it approved the Pines j comprehensive permit in that in its deliberations and decision i failed to follow the requirement of 760 CMR 31. 06 in that: A. The ZBA made no specific factual findings that support i a conclusion that there is a local or regional need for low and moderate income housing considering the number of low income nors^ i n t�,e r; L' of Northampton. pton. i B. The ZBA failed to make any specific finding as to the I number of low income people in the City of Northampton to I Complaint 4 e 12 . Further hearings were conducted on November 30, 1988; December 7, 1988; .December 11, 1988; December 14, 1988; and January 4, 1988 . 13 . At the meeting held on January 4 , 1989 , the ZBA voted unanimously, three members present, to grant Pines a comprehensive permit under the provisions of Massachusetts General Laws Chapter 40B, Section 21 to allow construction of a 38 unit townhouse condominium development on 26 acres located off Cooke Avenue, Northampton, Massachusetts, specifically on Parcel 2 of Sheet 18 of the Northampton Assessors Maps . i Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband and William Brandt. 14 . The decision of the Defendant Board of Appeals was filed on January 12, 1989 with the office of the City Clerk of the City of Northampton. A certified i p copy of said decision is attached as Exhibit A to this Complaint and incorporated herein by reference. I �i i 15 . The ZBA exceeded its authority under Massachusetts General Laws Chapter 40B, Section 21 when it issued the comprehensive permit in that its finding that issuance of the permit is 1 i i t Complaint 3 8 . Defendant, Sanford Weil, Jr. , resides at 96 Washington Avenue, Northampton, Hampshire County, Massachusetts, is a member of the Zoning Board of Appeals of the City of I Northampton and is made a party defendant in that capacity. j 9 . Defendant, Irene David, resides at 213 Fairway Village, Northampton, Hampshire County, Massachusetts, is a member of the Zoning Board of Appeals of the City of Northampton and is made a party defendant in that capacity. i 10 . Defendant, Pine Edges Associates, is a general partnership i with a principal place of business at 8 Bridge Road, i Northampton, Hampshire County, Massachusetts, and is made a party defendant in that capacity. 11. On November 9, 1988, the Zoning Board of Appeals (hereinafter referred to as the "ZBA") held an initial hearing i with respect to the Pines application for a comprehensive permit pursuant to Massachusetts General Laws Chapter 40B, Section 21. i I i I I i i t Complaint 2 3 . The Plaintiffs Anthony J. Senuta and Mary A. Senuta are residents of the City of Northampton residing at 144 Cooke Avenue, Northampton, Hampshire County, Massachusetts . 4 . The Plaintiff, Lucille B. Hood, is a resident of the City of Northampton residing at 126 Cooke Avenue, Northampton, Hampshire County, Massachusetts. 5 . The Defendant, Robert B. Buscher, resides at 54 Hillside i Road, Northampton, Hampshire County, Massachusetts, is Chairman i i of the Zoning Board of Appeals of the City of Northampton and j is made a party defendant in that capacity. i I i 6 . The Defendant, Dr. Peter Laband, resides at 40 Norfolk Avenue, Northampton, Hampshire County, Massachusetts, is a member of the Zoning Board of Appeals of the City of Northampton and is made a I p party defendant in that capacity. I� 7 . The Defendant, William Brandt, resides at 314 South Street, Ncrt::ampton, Hampshire County, Massachusetts, is a .member of i the Zoning Board of Appeals of the City of Northampton and is � I made a party defendant in that capacity. i i I i i y I COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, ss SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. : I i MARY A. SKIBISKI, JOHN F. SKIBISKI, ] ANTHONY J. SENUTA, and MARY J. ] SENUTA, husband and wife, and ] LUCILLE B. HOOD, ] Plaintiffs ] V. ] COMPLAINT PINES EDGE ASSOCIATES, and ROBERT C. ] BUSCHER, DR. PETER LABAND, and ] WILLIAM BRANDT, as They Constitute ] the Zoning Board of Appeals of the ] City of Northampton, Massachusetts, ] Defendants ] 1 i i i THIS COMPLAINT IS AN APPEAL BY THE PLAINTIFFS PURSUANT TO MASSACHUSETTS GENERAL LAWS CHAPTER 40B, SECTION 21 AND 40A, SECTION 17 FROM A DECISION OF THE ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON F?LED WITH THE CITY CLERK ON JANUARY I , 12, 1989 . i I1 . The Plaintiff, Mary n. Skibiski , is a resident of the City of Northampton, residing at 426 Hatfield Street, Northampton, I lHampshire County, Massachusetts . iI I Z . The Plaintiff, John F. Skibiski, is a resident of the City of Northampton residing at 50 Hastings Heights, Northampton, i iHampshire County, Massachusetts . COMMONWEALTH OF MASSACHUSETTS Superior Court Department of the HAMPSHIRE, SS. Trial Court of the Commonwealth Civil Action No. MARY A. SKIBISKI, JOHN F. SKIBISKI, ANTHONY J. SENUTA, and MARY J. SENUTA, husband and wife, and LUCILLE B. HOOD, , Plaintiff (s) V. SUMMONS PINES EDGE ASSOCIATES, and ROBERT C. BUSCHER, DR. PETER LABAND, and WILLIAM BRANDT, as They Constitute the Zoning Board of Appeals of the City of Northampton, Massachusetts, Defendant (s) To the above-named Defendant Zoning Board of Appeals for the City of Northampton s You are hereby summoned and required to serve upon John J. Green, Jr. , Esquire, plaintiff s' attorney, whose address is P.O. Box 210, Northampton, MA 01061-0210 f an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at Northampton, either before service upon plaintiff s i attorney or within a reasonable time f thereafter. s Unless otherwise provided by Rule 13(a),your answer must state as a counterclaim any claim = which you may have against the plaintiff s which arises out of the transaction or occurrence that is the subject matter of the plaintiff s claim or you will thereafter be barred from making such claim in any other action. - i - Witness.X'NNXMSMXX0XMXXR.. Esquire at Northampton, the 31st day o: Janua RT L. STEADMAN , in the year of our Lord one thousand nine hundred z f and eighty-nine. :J - - ; CLERK-MAGISTRATE Z - f NOTES: 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2. When more than one defendant is involved, the names of all defendants should appear in the caption. If a separate summons is used for each defendant, each should be addressed to the particular defendant. 3. Circle type of action involved. Tort— :Motor Vehicle Tort—Contract—Equitable relief. yol:�9 yt NOTICE OF ACTION (M.G.L. c.40A, Section 17) I TO: City Clerk, City of Northampton i it Please take notice that the undersigned has this date filed an action with Hampshire Superior Court (copy of Complaint attached) pursuant to Massachusetts General Laws Chapter 40, Section 17 appending the decision of the Zoning Board of Appeals of the City of Northampton granting Pines Edge Associates a comprehensive permit pursuant to Massachusetts General Laws Chapter 40B, Section 21 which was filed with your office on January 12, 1989 . Respectfully submitted, For Mary A. Skibiski, et al . i i DATE: January 31, 1989 t/NCENT,J n, Jr Esquire GREEN, LIPTON & WHITE i P.O. Box 210, 5 Hampton Avenue i • I! Northampton, MA 01061 (413) 586-8218 i A FE0. 1 {98,9 1 R�-°"f ed 2t iti�" �•' +s± DEPT.Of Bf71lDING INSPECTIONS ,- a _ ; R s �AN t G NC j?NA":;PTON,MA.O10£�Dp j/ Da Time I Assessor's Map ,. 11. List of Abutters: Address Sheet No. Parcel H lle E. & Fr�vkl Qnapfircl & 1. L�E weeney, i liam P.O.- Box 776,N'ton, MA 17 B-1 2. Keith and Ruth Wilbur 397 Prospect St. N'ton, MA 18 1 John F. Skibiski 3. Mary A. Rosenberg 40 Elizabeth Rock, N'ton, MA 18 3 Abner A. Rosen, Simon Konover & c/o Union Federal Say. Bank 4. Neal Yedlin 48 North St. , Pittsfield, MA 18 25__ 5. Lathrop Home 215 South St. , N'ton, MA 18 23 _ Loyal Order of Moose 6. N'ton Lodge #614 198 Cooke Ave. , N'ton, MA 18 22 Peter Frothingham & 7. Nancy Harvin 164 Cooke Ave. , N'ton, MA 18 41 g. Harold M Smith, Jr 154 Cooke Ave. , N'ton, MA 18 21 9. Anthony & Mary Senuta 144 Cooke Ave. , N'ton, MA 18 20 10. Lucille B Hood 126 Cooke Ave N'ton MA 18 29 Frank M. Netto 11. Mary M Netto Emily Lane, N'ton, MA 18 40 Emily Lane Homeowners 12. Association Emily Lane, N'ton, MA 18 24 13. Lathrop Home 215 South St. , N'ton, MA 1 18C 14. Margaret M Miller 360 N. King St. , N'ton, Ma 13 36 843 Indian Hill Rd. 15. Billman Corn Orange CT 13 38 16. Frank Anaporch P.O. Box 776, N'ton, MA 13 37 Wayne G. & 17 Frames M Thibault 830 Chesterfield Rd. , N'ton, 13 29 18. Frank Anaporch P.O. Box 776 N'ton, MA 12 9 Harold R, Marc A. & 19. Harold R Fitzgerald, Jr 340 Bridge Rd. . N'ton. MA 12 21 20. Northampton Land Partnership Boggy Meadow Rd N'ton MA 12 7 L1. Lucille B Hood 126 Cooke Ave. N'ton, MA 18 19 22. 23. .l 24. +. 25. 26. 27. 28. 29. 30. (Attach additional sheets, if necessary) IN NO► Do Not Write In These Spaces Application Number: Rec'd ,8.1 .Checked: Filed Fee Pd. Rec'd. ZBA Map(s) Parcel(s) BY Date t By Date Date Amy. Date 'o i� BY Date F-7 I APPLICATION IS HEREBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: 1. Name of Applicant Pines Edge Associates Address __ 8 Bridge Street, Northampton, MA 01060 2. Owner of Property Harold M. Smith, Jr. Address 154 Cooke Avenue, Northampton, MA 01060 3. Applicant is: ❑Owner; XContract Purchaser; ❑Lessee; ❑Tenant in Possession. 4. Application is made for: EI VARIANCE from the provisions of Section page of the Zoning Ordinance of the City of Northampton. ❑SPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance of the City of Northampton. XOTHER: Comprehensive Permit 5. Location of Property Cooke Avenue being situated on the easterly side of Cooke Avenue S# Xand shown on the Assessors' Maps, Sheet No. 18 , Parcel(s) 2 6. Zone RR 7. Description of proposed work and/or use; See Comprehensive rm; Application annexed hereto. 8. (a) Sketch plan attached; MYes 0 N (b) Site plan: LXAttched 0 Not Required 9. Set forth reasons upon which application is based: See Comprehensive Permit And l i rati nn annexed hereto. 10. Abutters (see instructions; list on reverse side of form). 12. 1 hereby certify that information contained herein is true t%ebest f my wled e. Date October 18, 1988 Applicant's Signature Arthur Pichette 5. Location of property should be indicated by street address: where the property is situated i.e. south side of South Street: and with reference to the sheet numbers and parcel numbers as designated on the assessors' tax maps. 6. Indicate the zone in which the property is located. 7. State as concisely as possible the work you propose to undertake and/or your proposed use of the property should your application be approved. 8. SITE PLAN/PLOT PLAN: The applican, is required as part of this application to submit a site/plot plan drawn AS NEAR TO SCALE as possible showing the lot boundaries, dimensions of existing and/or proposed buildings and the distances from said buildings to said lot boundaries and all in- formation relevant to the consideration of the application. A copy of the site/plot plan should ac- company each copy of the application required to be filed. When the applicant is required under Section 10.11 of the Zoning Ordinance to file a site plan, a plot plan is not required. 9. Applicant should state sufficient reasons upon which the Board of Appeals can base a finding that the applicant has met the requirements as set forth in either the General Laws of Massachusetts or the Zoning Ordinance of the City of Northampton, Massachusetts. Applicant should review these requirements prior to completing this item. (Attach additional sheets, if necessary) 10. Notice of the public hearing is required to be mailed, postage prepaid, to all "parties in interest" as defined in Massachusetts General Laws, Chapter 40A, Se Aion 11. "Parties in interest", as used in this chapter, shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent app- licable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." 11. Read and sign the application. If the applicant is a corporation, partnership, trust or other business entity, a duly authorized officer should sign. An attorney or other duly authorized representative of the applicant may sign on behalf of the applicant. ADDITIONAL COPIES: In addition to the original application form eleven copies of the complete application are required. It is the responsibility of the applicant to provide these copies. FILING FEE: A filing fee of$75.00 for a variance, $50.00 for a special permit, plus $2.00 per abut- ter listed, is required to be paid upon the filing of the application with the Building Inspector. The applicant should be aware that if the application is approved, the Board of Appeals may, in its discretion, and in addition to any applicable conditions specified in the zoning ordinances, impose such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or serve the purposes of the zoning ordinances. Such conditions will be imposed in writing and the applicant may be further required to post bond or other security for compliance with said conditions in an amount satisfactory to the Board. FOR ADDITIONAL INFORMATION, CONTACT: City of Northampton Building Inspector City of Northampton Room 100,Municipal Office Building or Zoning Board of Appeals Office 212 Main Street Room 102, Municipal Office Building Northampton. Massachusetts 01060 212 Main Street Northampton, Massachusetts 01060 w ray , r 7 S G rlq ,V,l` I,'T1- APPLICATION TO THE CITY OF NORTHAMPTON ZONiNG BOARD OF APPEALS FOR VARIANCE OR SPECIAL PERMIT This application folder includes an application form, addressed to the City of Northampton Zoning Board of Appeals, requesting the granting of a VARIANCE or a SPECIAL PERMIT and information intended to assist the applicant in properly completing the application. The application must be completed using a typewriter or hand printed block-type letters. All numbered items on the application must be completed. When completed and signed by the applicant, the application should be submitted to the Building Inspector for filing. Even though received, the application will not be considered "filed" with the Building Inspector until it has been-reviewed to insure proper completion. A review of the application will be made within two business days from the date received by the Building Inspector. The applicant will be notified of any additional information required. Applicants seeking a VARIANCE should note that the Zoning Board of Appeals has the power to authorize a variance from the terms of the applicable zoning ordinance where the Board determines that the applicant has met all requirements set forth in Massachusetts General Laws, Chapter 40 A, Section 15. Reference should be made to applicable Massachusetts Law and to Chapter 44 of the Revised Ordinances of the City of Northampton, Massachusetts, 1959, as amended. Applicants seeking a SPECIAL PERMIT should refer to the Table of Use Regulations contained in Chapter 44 of the Revised Ordinances of the City of Northampton, Massachusetts, 1959, as amended, which indicates uses which require special permits in particular zones. The general and specific condi- tions which must be met to obtain a special permit are set forth in Section 10.9 (3) of the above referred to Zoning Ordinances. The Zoning Board of Appeals is required to hold a public hearing to consider the merits of each application. A notice of the public hearing will be published in the appropriate newspaper and written notice thereof given to those legally entitled thereto. A copy of the rules adopted by the Zoning Board of Appeals for the conduct of its public hearing is filed in the Office of the City Clerk. The applicant should familiarize himself with these rules prior to attending the public hearing. THE BURDEN IS UPON THE APPLICANT TO PROVE THROUGH THE WRITTEN APPLICATION AND ORAL PRESENTATION AT THE PUBLIC HEARING THAT ALL OF THE LEGAL REQUIREMENTS CONTAINED IN THE APPLICABLE STATUTES AND ORDINANCES ABOVE REFERRED TO HAVE BEEN SATISFIED. FAILURE TO SUSTAIN THIS BURDEN MAY PREVENT THE APPLICANT FROM REAPPLYING FOR TWO YEARS. APPLICATION INSTRUCTIONS 1. State name and address of applicant. 2. State name and address of the owner of property. 3. Indicate applicant's standing toapply. 4. Indicate whether this is an application for a variance or for a special permit. If you are making application for both, use a separate form for each (only one fee will be required). You may apply for more than one variance or more than one special permit on the same form. If other, so indicate and explain. a04�r +O CITY OF NORTHAMPTON W v, ZONING BOARD OF APPEALS r � NORTHAMPTON, MASSACHUSETTS 01060 - V 6 DATE: RE: THE REQUEST OF PINES EDGE ASSOCIATES TO DELETE "CONDITION G" FROM THE COMPREHENSIVE PERMIT GRANTED THEM ON JANUARY 4, 1989 . Pursuant to the Provisions of the General Laws of the Commonwealth of Massachusetts, Chapter 40A, Section 15, notice is hereby given that a decision of the Zoning Board of Appeals of the City of Northampton was filed in the Office of the City Clerk on the above date GRANTING the request to delete "Condition G" from the Comprehensive Permit. If you wish to appeal this action, your appeal must be filed in Superior Court within 20 days of the date this decision was filed in the Office of the Northampton City Clerk. Robert C. Buscher, Chairman Northampton Zoning Board of Appeals November 1, 1989 meeting Paste Three only building we ask permission for now, and no Certificates of Occupancy before we complete all the roadways, will be close enough to an existing f ire hydrant to f ight a f ire with one length of hose. The hydrant is closer to us than it is to the Moose Club. Also, the roadway is not being built in a wetland. " There being no one else wishing to speak, Dr. Laband moved the Public Hearing be closed. Mr. Brandt seconded, and the motion passed unanimously. Mr. Brandt said he "is not ready to decide. " Dr. laband said he had "technical questions about the modification of a Comprehensive Permit. I want to take it under advisement, but could move quickly after I see Kathy Fallon. " It was moved, seconded and voted unanimously to reconvene on November 15 to discuss the decision. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman Northampton Zoning Board of Appeals November 1, 1989 Meeting Page Two it?" Arthur Pichette, also of Pines Edge Associates, replied, "We want to start one building this fall. If you give permission, we may not even be able to because the Planning Board meets on November 9. We would like to do more buildings in the 1990 building season, concurrent with the Cooke Avenue improvements. At the rate we're going, we could be doing some of this work in 1992 . " Mr. Brandt asked, "If we grant this, what would be the sequence of events?" Mr. Pichette replied, "One foundation this fall, and in early December start to frame one eight-unit building. In the Spring, we would do the next foundation, and unit one finish work would be done. Cooke Avenue work would be in the Spring. We might do Pines Edge Drive first, and do Cooke Avenue last after all the heavy equipment is through with Pines Edge. " The Chair asked for speakers in favor, and no one responded. When opponents were called for, the following people spoke: John Skibiski asked if the January 4, 1989 meeting had been tape- recorded, because his recollection of what happened differed from the record. He remembered Dr. Laband being concerned with the terrain, and felt it would not be proper to put the road system on Cooke Avenue in until we know Pines Edge can be completed. It seemed reasonable to the Board then that Pines Edge Drive should be done first. The Decision says Cooke Avenue should be completed first. I don't know how it got to be that way. " Ch. Buscher said, "You say Pines Edge Drive should be done first?" Mr. Skibiski replied, 'Yes, why ruin Cooke Avenue unless Pines Edge worked? It would be a shame to do both roads simultaneously for that same reason. Why lose the Cooke Avenue trees if the project doesn't go in? Also, not much has been said about the Police Department report. They don't want to see any project in there. Also, if a water main breaks on Hatfield Street, there's no water to the project. I feel the subject road and the utilities should go in first, the Cooke Avenue. " John Kislo, 303 Hatfield Street, said, "The financial situation of the developers is not an issue. Water runoff is the big problem. The engineers have been lying about the drainage situation. You people ignore us when we tell you we're going to lose roads because of drainage. Lead and radon should be looked at. Let's not let money rule this whole country. Let's get back to the basics of neighbors. " Lucille Hood, 126 Cooke Avenue, said the road problem is Hatfield Street to Bridge Road, not Cooke Avenue. Mr. Pichette asked to rebut, and said that, relative to the feasibility of Pines Edge Drive, the engineering reports and plans call for a fill road which will cover the rock outcropping. The Northampton Zoning Board of Appeals November 1, 1989 Meeting Paste One The Northampton Zoning Board of Appeals met at 7: 55 p. m. on Wednesday, November 1, 1989 in Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, to continue, from July 19, 1989, the Public Hearing on the request of Pines Edge Associates to modify "Condition G" of the Zoning Board' s January 4 , 1989 Decision on their Application for a Comprehensive Permit. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband and William Brandt. Ch. Buscher continued the Public Hearing, commenting that the Applicants had requested a continuance until litigation surrounding their Permit had been concluded, which has now happened. He also read the Legal Notice. Pat Goggins of Pines Edge Associates pointed out, "We go before the Planning Board on November 9 with our subdivision plan. Because of all the delays, we have a time problem and ask that you modify the condition that says Cooke Ave. must be completed prior to our building. We will phase-in our project per the ConsCom and the City Engineer. We want to build one building before winter, and we can't do that and Cooke Avenue in time. " Dr. Laband asked, "You want us to modify or repeal that paragraph so you can build a building before doing the Cooke Avenue improvements?" Mr. Goggins replied, "Yes. There' s a process with affordable housing. We want one unit built so people can see what they're like and get a timetable. We want to frame one building out of five now. " Ch. Buscher commented, "This is an unusual condition, and it was put in because opponents were concerned with traffic and safety-- a large tree at the corner of Cooke Avenue and Hatfield Street, the width of Cooke Avenue, icing, all of which were significant items raised by abutters. That's why we put the condition in, to get Cooke Avenue maximally safe before construction begins. " When Mr. Goggins stressed how much time had been lost on the project because of the various appeals, Ch. Buscher commented, "You have to build appeal time into your timetable. I appreciate you have been held up. " Mr. Goggins said, "Vehicular traffic for one building won't be any different than that for 11 buildings on Emily Lane. I don't recall a traffic issue on that. We will do whatever you want us to on safety. George Andrikidis ' letter speaks to the DPW's position. We feel what we're asking for is a reasonable modification. It' s only one building, on a slab. " Ch. Buscher added, "Obviously a slab is easier, but you' ll still need a bulldozer and trucks. " Mr. Goggins added, "There's an economic problem here as well. We're here for a good faith modification. It's becoming very difficult. " Dr. Laband asked, "Do you want to modify Paragraph G, or repeal Northampton Zoning Board of Appeals November 15, 1989 Meeting Page One The Northampton Zoning Board of Appeals met at 7:10 p. m. on Wednesday, November 15, 1989 in Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, to reach a decision on the request of Pines Edge Associates to modify "Condition G" of the Zoning Board's January 4, 1989 Decision on their application for a Comprehensive Permit. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and William Brandt. Dr. Laband moved the minutes of the November 1, 1989 meeting be approved without reading, Mr. Brandt seconded, and the motion passed unanimously. Mr. Brandt began the discussion by stating, "In retrospect, it makes sense to develop the parcel prior to making the Cooke Avenue improvements. 'Trucks to and from the site' was a problem for me previously, but now I don't think it makes sense to do Cooke Avenue first. Let's find out if the property is developable before we tear up Cooke Avenue. My concern is still truck traffic on Cooke Avenue during on-site construction, especially if people park on both sides of the road. " Dr. Laband said, "We have re-heard the whole thing and I have no objection--it' s a minor change. A condition I would like to see is to not park construction equipment on Cooke Avenue during the on-site work. The amount of traffic to construct one building is not a lot. " Ch. Buscher stated, "Unfortunately, I disagree. I tried to dredge back in my memory. A lot of the concerns we heard from the neighbors was traffic on Cooke avenue, drainage, and a number of other things--losing woodlands, wildlife, the proximity to the quarry. A great deal of the opposition revolved around Cooke Avenue, including traffic, construction vehicles, neighbors concerned that water and sewer on-site would cause problems. I 'm concerned if we allow construction to go forward before Cooke Avenue work, the Cooke Avenue improvements will recede back in peoples ' thoughts and may never be done. I really think the developers should comply with the Comprehensive Permit. " Dr. Laband suggested having the developers put up a Performance Bond with a time limit on the Cooke Avenue work. Ch. Buscher opined that he didn't think that solves the problem. Dr. Laband moved to grant the requested amendment which removes Condition G from the Decision, with the Condition that no construction equipment be allowed to park on Cooke Avenue. Mr. Brandt seconded, and the motion passed 2-1 (Buscher) . ( A majority carries on Comprehensive Permit matters) . . Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman DECISION OF 10 D 2 ` NORTHAMPTON ZONING BOARD OF APPEALS a�h aEp�R HpMp�ON At a meeting held on November 15, 1989, the Zoning Board of Appeals of the City of Northampton voted 2-1 (Buscher) to AMEND the Comprehensive Permit granted by this Board to PINES EDGE ASSOCIATES on January 4 , 1989, specifically by deleting "Condition G" on Page Four, which stated: "The required improvements on Cooke Avenue shall be completed prior to the commencement of non-roadway and utility improvements within the project (Pines Edge) site. " Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and William Brandt. The Findings are as follows: Messrs. Brandt and Laband, who voted in favor of allowing the deletion of "Condition G, " felt that it made sense to determine whether the Pines Edge parcel was developeable before irreversible changes, such as the taking down of trees, were made on Cooke Avenue. Ch. Buscher, who voted against the request, felt that Cooke Avenue improvements were in danger of not getting done if the work on the Pines Edge site were done first. A condition of this decision is that construction equipment NOT be parked on Cooke Avenue while construction work is being carried on within the Pines Edge parcel. The request to delete "Condition G" is granted. Robert C. Buscher, Chairman $Tilliam BrAmdt La�� Dr. Peter Laband