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38-079 (17) City of Northampton, Massachusetts Office of Planning and Development s City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 FAX (413) 586-3726 •Community and Economic Development DEPT Gr f3UiLE??�dG IrJSPEf;TiUNS •Conservation •Historic Preservation h©RTHAMP'r0N MA Cj66© • Planning Board•Zoning Board of Appeals •Northampton Parking Commission DECISION OF NORTHAMPTON PLANNING BOARD APPLICANT: DAVID MCCUTCHEON! ADDRESS: P O Box 43, EASTOAMPTON, MA 01027 OWNER: DAVID MCCUTCHEON ADDRESS: P O BOX 43, EASTRAMPTON, MA 01027 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 48 CHAPEL STREET MAP AND PARCEL NUMBERS: ���■,® At a meeting conducted on July 28, he Northampton Planning Board unanimously v re nest of David McCutcheon for two (2) under the provisions of 55. 1, , pag - 6- 14 of the NorQanntgn Planning Board Members present and voting were: Chairman Andrew Crystal, Vice Chairman Daniel Yacuzzo, Joseph Beauregard, Nancy Duseau, Kenneth Jodrie, Mark NeOrame. In Granting two Special Permits, the Planning Board found: I. The requested use for a Coon Driveway and Shared Parking are listed as Special Permits in Section 8.5 and 6. 12 of this Ordinance. 2 . The requested use bears a positive relationship to public convenience or welfare because it will provide housing for those who need or want housing close to downtown Northampton and reduces pavement and driveway entrances onto a busy street. 3 . The requested use will not create undue traffic congestion or unduly impair pedestrian safety because two curb cuts will be eliminated by having a common driveway. 4 . The requested use will not overload any public water, drainage or sewer system, or any other municipal system to ORIGINAL PRINTED;ON RECYCLED PAPER such an eytent that the requested use or any developed use in the immediate area or in any other area of the -City will be unduly subjected to hazards affecting health safety or the general welfare, because the applicant has obtained a right-of-way to the Grove Street. sewer line and has a permit from the City to hook up to the City utilities. 5. The requested use meets all special regulations set forth in the Zoning Ordinance. 6. The requested use will not unduly impair the integrity of character of the district or adjoining zones, will not be detrimental to the health, morals, or general welfare, and is in harmony with the general purpose and intent of the Ordinance because the design fits in with, and will enhance, the neighborhood that it was specifically designed to fit. In Approving the Site Plan, submitted with the Special Permit, the Planning Board found that the plan: A. Has provided for the protection of adjoining premises against seriously detremental uses by providing for: 1. Surface water drainage ,through construction of swales to carry drainage and providing catch basins and snow storage areas. 2 . Sound and sight buffers through leaving a large portion of the site vegetated and provided additional landscaping to screen refuse and parking areas. 3 . Preservation of views, light and air through leaving a large portion of the site vegetated and provided additional landscaping to !screen refuse and parking areas. B. Has provided for the convenience and safety of vehicular and pedestrian movement within the ;site and on adjacent streets, minimized traffic impacts on the streets, roads and highways in the area, the location of driveway opennings in relation to traffic, access by emergency vehicles, and to adjacent streets and, when necesary, compliance with other regulations for the handicapped, minors and the elderly through the use of shared parking facilities and a common driveway for three lots. C. Has provided for the adequacy of the arrangement of parking and loading spaces in relation -to the proposed uses of the premises through providing shared parking facilities and an efficient and compact arrangement of the parking. -2- _D. Has provided for the relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area and compliance with other requirements of the ordinance through leaving a large portion of the site vegetated and provided additional landscaping to screen refuse and parking areas. E. Has provided for the mitigation of adverse impacts on the City's resources including 'the effect on the City's water supply and distribution system, sewerage collection and treatment systems, fire protection, and streets through receiving permits for connection into city services, and approval of the Fire Department and the Department of Public Works. F. Has provided for compliance; with the technical performance standards listed below: 1. Curb cuts have been minimized through the request for a common driveway to service three lots. 2 . Pedestrian, bicycle and vehicular traffic movement on site have been separated. No Site Plan waivers were requested. Conditions imposed upon the project are as follows: 1. The approval for Two (2) Special Permits is contingent upon the applicant receiving Conservation Commission approval. 2 . The easement can only be used for the installation of underground sanitary seweruse. -3- R Attachment: A Common Driveway Special Permit Review/Approval Criteria In Granting the Special Permit, the :Planning Board found that the requested use meets all special regulations set forth in the Zoning Ordinance, specifically Section 6.12 vehicular Egress/Access to a Lot and Common Driveways, Special Permit Criteria. In making this decision, the Planning Board found: a) . The common driveway will not service more than (3) lots as shown on submitted site plan. b) . The common driveway provides the only vehicular egress/access to the lots being serviced by it and shall be so stated in the deeds to the subject lots. c) . The grades, length and location of the common driveway as presented is of suitable construction, in the opinion of the Planning Board, for the access and turn-around of the number and types of vehicles, including moving vans, ambulances, fire and police, which will be utilizing such driveway. In Reviewing the Plans presented with the application for a Common Driveway Special Permit, The :Planning Board found: 1. The driveway does have a width of at least fifteen (15) feet. 2 . The driveway does not require having passing turnouts providing a total width of at least 20 feet along a distance of at least twenty-five (25) feet that are spaced more than 300 feet between turnouts, and the first such passing turnout is located at the driveway connection to the street because the common drive is less than 300 feet in width. 3 . The driveway met the prior approval of the DPW and the Fire Department. 4 . The driveway conforms to all other driveway requirements of the Zoning Ordinance. -4- Pursuant to Massachusetts General Laws (MGL) , Chapter .40A, _ Section 11, no Special Permits,Ior any extensions, modifications or renewals thereof, shall take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed after the decision has been filed, or if such an appeal has been filed that it has been dismissed or denied, is recorded in the Hampshire County registry of Deeds or Land Court, -as applicable and indexed under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. It is the owner or applicant's responsibility to -- pick up the certified decision from the City Clerk and record it at the Registry of Deeds. The Northampton Planning Board hereby certifies that two (2) Special Permits have been Granted and that copies of this decision and all plans referred to in it have been filed with the Planning Board and the City Clerk. Pursuant to Massachusetts General Laws, Chapter 40A, Section 15, notice is' hereby given that this decision is filed with the Northampton City Clerk on the date below. If anyone wishes to appeal this action, an appeal must be filed . pursuant to MGL Chapter 40A, Suction 17, with the Hampshire County Superior Court or the Northampton District Court and notice of said .appeal. filed with the City Clerk within twenty days (20) of the date this decision was filed with the City Clerk. Applicant: David McCutcheon - 48 Chapel Street DECISION DATE: JutV 28, 1994 DECISION FILED WITH THE CITY CLERK: Augu4ti 9, 144.4 An;fAew J, [,6 tg s e1 each a"Ld (Lr '!e lame DamLe2 11acuzzo Nancq 9w6yau Kenneth. Pursuant to Massachusetts General Laws (MGL) , Chapter 40A, _ Section 11, no Special Permits, or any extensions, modifications or renewals thereof, shall take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed after the decision has been filed, or if such an appeal has been filed that it has been dismissed or denied, is recorded in the Hampshire County registry of Deeds or Land Court, as applicable and indexed under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. It is the owner or applicant's responsibility to pick up the certified decision from the City Clerk and record it at the Registry of Deeds. The Northampton Planning Board hereby certifies that two (2) Special Permits have been Granted and that copies of this decision and all plans referred to in it have been filed with the Planning Board and the City Clerk. Pursuant to Massachusetts General Laws, Chapter 40A, Section 15, notice is hereby given that thio decision is filed with the Northampton City Clerk on the date below. If anyone wishes to appeal this action, an appeal must be filed pursuant to MGL Chapter 40A, Section 17, with the Hampshire County Superior Court or the Northampton District Court and notice of said appeal filed with the City Clerk within twenty days (2 0) of the date this decision was filed with the City Clerk. Applicant: David McCutcheon - 48 Chapel Street DECISION DATE: JutV 28, 1444 DECISION FILED WITH THE CITY CLERK: AuguAti 9f 1994. Qt,�D_fx:). RAL / An.Aecu J. ti "0Z e2 eacvr cvcd 0,%k '!e Jame V � DamEe.2 11acuz z o Nancy IuAyau Kenneth. ,7ov to r Planning Board Meeting Minutes 7/28/94 7:50 P.M. -- Request of David McCutcheon for two Special Permits and Site Plan Review under §5. 1 and §6. 12, page 6-14, and under §8.5, page 8-7 of the Zoning Ordinance to install a common driveway to service three lots and to provide shared parking for three (3) three-family dwellings to be located at 48 Chapel Street. Chair Crystal opened the Public Hearing, reviewed procedures for public hearings, and announced that a legal notice had been published in the Daily Hampshire Gazette on July 14, 1994 and July 21, 1994. David McCutcheon was present to discuss his application for two Special Permits to allow one common driveway and one shared parking facility to service three three-family dwellings at 48 Chapel Street. McCutcheon reviewed how the project complies with Special Permit criteria, as outlined in his application: The project follows all criteria set forth in the Table of Dimensional and Density Regulations and Table of Use Regulations in the Zoning Ordinance. The project will hopefully help satisfy the area's increasing need for affordable housing for those who desire and need single floor living rather than two-story townhouse style. Tow-thirds of this project was developed with elderly and possibly handicapped in mind. The remaining one-third was designed to be consistent in design to the balance of the project and to make the best use of the existing terrain of the property. Traffic will be handled though one common driveway rather than three. This will reduce two curb cuts to one, concentrate traffic to one exit/entry and to minimize the amount of black top that would be come necessary with three separate driveways. This driveway was designed to be located to the upper most part of the parcel with curb cuts and plantings designed to handle run-off on site. In order to accommodate the increase in sewer usage, I have obtained a right-of-way to the Grove Street sewer line and hold a permit from the City to 'hook up to this utility. The City Water Department sees no problem in making additional connections to its public water. My purpose and intent with this project is to provider housing for those who need or want housing close to downtown Northampton and which design will fit in with, and hopefully enhance, the neighborhood that it was specifically designed to fit. We will also be able to reduce traffic and curb cuts with the acceptance of the accompanying common driveway permit. -6- pLA!JNIN33 BOARD A{EETI r, 44MUTE. 7128194 McCutcheon said that the commonparking area will help consolidate _ parking, allow for only one dumpster, and help eliminate run-off. He said that lighting shall provide light and security for the parking area and sidewalks but will not be intrusive to the neighborhood. William God of 155 Grove Street" said there is apparently a right- of-way which has been purchased) from the Diemands for the sewer line connection to Grove Street. He asked if that right-of-way would be used only for a sewer line. McCutcheon said yes. He also noted that the easement is for underground sewer lines. McCutcheon also said that after the connection is made, the land will be brought back to its natural state. A memo dated July 20, 1994 from Peter J. McErlain, Agent for the Board of Health stated that there were no objections to the plan. Chair Crystal read aloud a letter dated July 11, 1994 from Lawrence J. Jones, Fire Chief concerning 48 Chapel Street. it read as follows: The Northampton Fire Department recommends that the following be considered when allowing the use' of Flag Lots or Common Driveways: 1. If a Flag Lot is used so that any structure built on it will be located an appreciable 'distance from the public road, a substantial roadway capable; of supporting heavy f ire apparatus should be required. This roadway should be at least 12' wide and may be colprovia, gravel, crushed stone, etc. Our main concern is that it be accessible during the spring mud season or other wet periods. Iii it is necessary to install any culverts, they should be capable of supporting fire apparatus. 2. When one driveway is common to two or more properties, a suitable sign should be posted near the main road and at the cutoff to each property. This sign should include visible street numbers in case of emergency response by the Fire, Police or Ambulance Departments. Site Inspector Dan Yacuzzo said that the visibility at the site looking east/west is good. He said that there is a grass drainage swale on the property, so he did .not foresee any drainage problems. Yacuzzo thought it was a good idea to have a common driveway, and the project was an excellent choice for using the property. Paulette Kuzdeba reported that the Zoning Board of Appeals had granted a Special Permit to construct three three-family residences contingent upon the Planning Board's approval of common driveway and shared parking and Site Plan Approval. The Conservation Commission has only approved the wetland boundaries as outlined on the site plan but the applicant must still obtain a permit from the Conservation Commission. Andrew Crystal asked about garbage removal and was shown the _q� lya.nninct BoaAd tteeti.na PQnu.tez - Ju,-,l 29. 11994 location of the dumpster on the plan and advised that the dumpster _ area will be screened with fencing and plantings. Snow removal and lighting was shown on the plans and reviewed by the applicant. Discussion ensued regarding construction of the driveway, the curbs, drainage plans, and construction materials which will be used. Crystal said that some type of cross easement is needed for the buyers. Yacuzzo questioned the shared parking and whether there would be easement plans submitted. A distribution of the easement needs to be submitted and approved by the Office of Planning and Development and the Law Department. Donald Miner from Harold Eaton Associates questioned setting a condition on Form A plan showing a respective area relative to the parking area that acknowledges that :it is subject to right-of-way easements and parking related to all three lots and as part of the permit process, at some point in time, there should be a document to be reviewed by the Office of Planning and Development staff attached to each deed related to the drawing. A condition was discussed that: prior to transferring the land, a plan showing easements and rights-of-way shall be shown on the plans and submitted to the Office of Planning and Development within 90 days. Joseph Beauregard moved to close the Public Hearing. Mark NeJame seconded the motion which passed unanimously 6:0. -------------------------------------•------------------------------ Request of David McCutcheon for two Special Permits and Site Plan Review under §5. 1 and §6. 12, page 6-14, and under §8. 5, page 8-7 of the Zoning Ordinance to install a common driveway to service three lots and to provide shared parking for three (3) three-family dwellings to be located at 48 Chapel Street. Joseph Beauregard moved to approve the request for two Special Permits and Site Plan Review with the following conditions: 1. The approval is contingent upon the applicant receiving Conservation Commission approval. 2 . The easement can only be used for the installation of underground sanitary sewer use. Nancy Duseau seconded the motion which passed unanimously 6:0. -8-