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DECISION OF OEPTo; - �� lC��;��
NORTHAMPTON ZONING BOARD OF APP . _ HOBnIA � GHGMA501050
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At a meeting held on April 20, 1988, the Zoning Board of
Appeals of the City of Northampton voted unanimously to
grant the Special Permit request of Gary M. Warner under the
Provisions of Section 14.3 (1) , Page 14-1 of the Zoning
Ordinance of the City of Northampton for the purpose of
crossing a stream by building a permanent structure--
culverting a stream and an adjacent seasonal runoff, at
property between 400 and 408 North Farms Road, Northampton,
MA (more particularly identified as Parcel 12, Sheet 7 of
the Northampton Zoning and Assessor' s Maps.
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The findings were as follows:
The requested use is an allowed use by Special Permit
under the Provisions of Section 14.3 concerning land in the
Watershed Protection District.
The requested use bears a positive relationship to the
public convenience in that it allows the Applicant access to
his land.
The requested use does not create undue traffic
congestion or unduly impair pedestrian safety.
The requested use does not overload any municipal
system.
The requested use would not impair the character of the
District, and is in harmony with the intent of the
Ordinance.
THE FOLLOWING CONDITIONS SHALL APPLY:
1. The road to be built must be limited to a logging
road only.
2. The order of Conditions issued by the Conservation
Commission must be adhered to.
3 . The Department of Public Works will be requested to 1
1
GARY M. WARNER SPECIAL PERMIT DECISION, PAGE TWO
erect "Blind Driveway" and "Trucks Entering" signs at
appropriate locations.
4. Shrubbery and/or conifer screening must be planted
on both sides of the roadway to shield abutters' view of the
road.
Robert C. Buscher, Chairman
Dr. Peter Laband
M. Sanfo Weil, Jr.
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Northampton Zoning Board of Appeals
April 20, 1988
The Northampton Zoning Board of Appeals met at 6:10 p. m. on
April 20, 1988 in Council Chambers, Wallace J. Puchalski
Municipal Building, to render a decision on the Application of
Gary M. Warner, 332 North Farms Road, Northampton, MA for a
Special Permit under the Provisions of Section 14. 3 (1) , Page 14-
1 of the Zoning Ordinance of the City of Northampton, for the
purpose of crossing a stream by building a permanent structure--
culverting a stream and an adjacent seasonal runoff, at property
between 400 and 408 North Farms Road, Northampton, MA (more
particularly identified as Parcel 12, Sheet 7 of the Northampton
Zoning and Assessor's Maps [RR Zone] ) , Present and voting were
Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford
Weil, Jr.
The Public Hearing was opened on March 16, and continued to a
future date so the Board could view the site. The site visit was
conducted at 2 p. m. , Saturday, April 16, 1988, at which time the
Public Hearing was closed.
Dr. Laband moved the Minutes of the last Meeting be accepted
without reading, Mr. Weil seconded, and the Motion passed
unanimously.
Dr. Laband briefly discussed the Special Permit requirements
involving land in the Watershed Protection District, pointing out
that the criteria are not the same as for a Special Permit
granted under Section 10.10. He felt the use requested is an
allowed use; felt it was difficult to establish a positive
relationship to the public convenience or welfare, but the issue
here is "access to the man's land," and that has a relationship
to the public convenience. As to traffic congestion and
pedestrian safety, he pointed out there are no sidewalks in the
area, and very little pedestrian activity; traffic congestion is
a problem for all of Northampton, and the key word is "undue, "
Dr. Laband felt that one or two trucks a week using this logging
road during only a few months of the year would not create
"undue" traffic congestion. There would be no overloading of
municipal systems, the Conservation Commission has approved
Applicant's plans, and a logging road would not impair the
character of the district, and is in harmony with the intent of
the Ordinance.
Dr. Laband felt that there were three conditions he would want to
attach to his approval of this request: 1) The road to be built
must be limited to a logging road only, 2) the Order of
Conditions issued by the Conservation Commission must be adhered
to, and 3) the Zoning Board Secretary send a letter to the
Department of Public Works asking that "Blind Driveway" and
"Trucks Entering" signs be erected at appropriate locations. Dr.
Laband voted to approve the Applicant's request.
Northampton Zoning Board of Appeals
April 20, 1988
Page Two
Mr. Weil felt that, by considering the pros and cons of the road,
the Board was straying from its true mission here, which is
consideration of the plan to build two culverts. He felt the
culverts were "viable and reasonable, " and agreed with the
Conditions Dr. Laband wanted to impose, and added one of his own,
viz. , trucks enter from the North and exit to the North.
Ch. Buscher agreed with his two colleagues that we are being
asked to grant a Special Permit for two culverts, not a road, or
a use, but that it seemed to him that "the most vociferously
argued concern of the neighbors was traffic. " He felt the
roadway was very close to property of abutters Hebert and
Homstead, and considering the "invasive character" of truck
traffic, and the maxim, "Good fences make good neighbors, " felt a
condition should be the planting of shrubbery screening on Mr.
Hebert's side. Mr. Hebert and Mr. Warner agreed. On Mr.
Homstead' s side, there exists a seasonal hedge, that Mr. Warner
agreed to supplement with conifers. Dr. Laband agreed with the
screening condition, but disagreed with Mr. Weil's restriction on
entrance and egress, calling it "excessive--not good in a Zoning
decision."
Dr. Laband moved to grant the Applicant' s request for a Special
Permit, subject to his three conditions (supra) and Ch. Buscher's
condition for screening. Mr. Weil seconded, and the motion
passed unanimously.
Also present, in addition to those mentioned, was R. J. Pascucci,
Board Secretary.
Robert C. Buscher, Chairman
Northampton Zoning Board of Appeals
March 16, 1988
The Northampton Zoning Board of Appeals met at 8: 30 p. m. on
March 16, 1988 in Council Chambers, Wallace J. Puchalski
Municipal Building, to conduct a Public Hearing on the
Application of Gary M. Warner, 332 North Farms Road, Northampton,
MA for a Special Permit under the Provisions of Section 14. 3 ( 1) ,
Page 14-1 of the Zoning Ordinance of the City of Northampton for
the purpose of crossing a stream by building a permanent
structure - culverting a stream and an adjacent seasonal runoff
at property located between 400 and 408 North Farms Road,
Northampton, MA (more particularly identified as Parcel 12, Sheet
7 of the Northampton Zoning and Assessor's Maps [RR Zone] ) .
Present and voting were Chairman Robert C. Buscher, Dr. Peter
Laband, and M. Sanford Weil, Jr.
Ch. Buscher read the Legal Notice as published twice in the Daily
Hampshire Gazette, and read a memorandum from the Northampton
Planning Board, which stated, "At their meeting on Thursday,
March 10, the Planning Board voted unanimously to recommend
approval of the Applicant's request for a Special Permit to allow
a permanent road to cross a stream on his property via a culvert.
Two conditions were attached to the Board' s recommendation: 1)
That the Conservation Commission also approve his request, and 2)
that the stream crossing is for a logging road only, and not for
a driveway or subdivision road, . " and a memorandum from the
Conservation Commission which stated, "At the March 14th meeting
of the Conservation Commission, a Wetlands Permit was issued to
Gary Warner for the purpose of crossing a stream with a culvert
on his property on North Farms Road, Northampton, MA." Ch.
Buscher also read from Section 14.3 (1) of the Watershed
Protection District Article of the Northampton Zoning Ordinance.
Mr. Warner appeared pro se to discuss his request for a Special
Permit for the purpose of culverting a stream and an adjacent
seasonal runoff for the purpose of installing a permanent, year-
round logging and fire apparatus access road to his 40 acres of
property behind his home at 332 North Farms Road. The entrance
would be by a curb cut on North Farms Road at a 60 ' wide piece of
property he owns between property at 400 North Farms Road (owner
Ronald Hebert) , and 408 North Farms Road (owner Neal Homestead) .
He spread out several maps and drawings for the benefit of the
Board and members of the Public in attendance. He described the
stream culvert as being 30" I.D. , and 24 ' long (three eight-foot
sections of pipe) , and the runoff culvert as 24" I. D. pipe. The
30" culvert is large enough to support the proposed road (the
culvert will have two and one-half feet of fill on top of it) and
adequate to handle a "five-year storm. " He alluded to a similar
30" culvert installed by a neighbor 300 ' upstream, that has been
in place and adequately functional for the past 10-15 years. He
has planned an allowance for runoff around the sides of the
culvert, so it will not flood above or below if the culvert were
Northampton Zoning Board of Appeals
March 16, 1988
Page Two
to become blocked. The banks above and below will be rip-rapped
to prevent erosion. The road will have a surface of bank-run
gravel, and will be 15' wide, tapering up from a 24 ' wide base.
He said he had the necessary equipment to do the work himself,
under the supervision of his brother-in-law, who is in the
construction business. Dr. Laband asked if he was planning to
build "up in back," and Mr. Warner replied, "No. "
Ch. Huscher asked if anyone present was opposed. Neal Homestead,
408 North Farms Road, spoke. He felt the logging road created a
traffic hazard for cars heading southerly, down-grade, on North
Farms Road. Mr. Homestead said he didn't understand the need for
this road to be put in, and said there are alternatives where
"Gary can cross my land" without constructing a road. He stated
he had letters from neighbors agreeing with him, but did not
produce the documents. Dr. Laband queried Mr. Homestead: "You
get in and out of your driveway--why should we deny him?" Mr.
Warner said that he has a Curb Cut permit from the DPW. (There
followed much examination of maps and diagrams, and simultaneous
comments by many, which were inaudible to this writer) .
Dr. Laband commented that Mr. Warner has permission for a curb
cut, he wants a culvert, which is why he is here tonight, and
asks Mr. Homestead if he has a "hidden agenda, " such as concern
for future development up in back. Mr. Homestead replied that
safety is his only issue.
Ronald Hebert, 400 North Farms Road, stated that the culvert did
not bother him, but the installation of the culvert gives a road
a reason for being, and the road is a hazard for traffic on North
Farms Road. He thought a logging road should only be about as
wide as a truck, and Mr. Warner' s road is 40' -60 ' wide--a
superhighway! Mr. Warner pointed out that the wide spot is for
staging, cutting and sorting logs. Mr. Hebert reiterated that
his concern is for traffic, and Dr. Laband asked him if he were
able to get in and out of his driveway. He replied, "Yes, but
once a month there's a near miss. " In response to Dr. Laband' s
question, he stated he has "no problems" with the culvert. Mr.
Weil asked what direction the trucks come from, and Mr. Warner
replied that he logged only during January and February, and the
trucks generally came from the south.
Quentin Ouesnell, 390 North Farms Road, said "the road is
dangerous - a hazardous corner. " He described the stream as "an
important historic stream, called 'King' s Brook' on 1789 maps. "
He is concerned about the fragility if the terrain and the beauty
of Hear Mountain, and that it would be a tragedy if the land were
stripped. He referenced the Planning Board's restriction as a
logging road only, and hoped the Zoning Board would keep that as
Northampton Zoning Board of Appeals
March 16, 1988
Page Three
a condition if permission were granted. Mr. Warner stated he has
a great interest in silviculture and is doing everything the
forestry people have recommended.
Dr. Laband moved we Continue the Public Hearing for a viewing.
Mr. Weil seconded, and the Motion passed unanimously. Ch.
Buscher said a site inspection would be arranged on a weekend
with good weather, and agreed to notify in advance Mr. Warner and
any neighbors who left their name and telephone number. Mr. Weil
asked if the Public Hearing could be closed at the viewing, and
the Chairman replied that it could. The meeting adjourned at
9:45 p. m.
Also present, in addition to those mentioned. was R. J. Pascucci,
Board Secretary.
Robert C. Buscher, Chairman
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°9=e...4� DEPARTMENT OF BUILDING INSPECTIONS - t j -
INSPECTOR 212 Main Street •' Municipal Building
Northampton, Mass. 01060 4.4:I.
Edward J. Tewhill
April 27, 1988
Mr. Gary M. Warner
332 North Farms Rd.
Florence, Mass. 01060
Dear Mr. Warner:
We have received the decision from the Zoning Board of Appeals today;
granting your application. There is now a twenty (20) day appeal period
you must await. After the appeal period is up, you must go to the City
Clerk's office and get a stamped copy from them which will indicate that
there has. been no appeals on the decision you received from the Zoning
Board. Then bring the stamped copy they give you over to the Registry
of Deeds and file it with them, but be sure they give you a copy to give
to us to keep on file in our office. Then you can come to our office to
apply for the building permit, but until all the above listed steps are
complete our office can't issue you the building permit. Be sure to get
the above mentioned copy from the Registry of Deeds, so we can process
the building permit immediately.
For Your Information: Zoning Ordinance Section 10.6 - Permit Time
Limits. A Zoning Board Decision granted under the provisions of Section
10. 10 shall lapse within eighteen (18) months (including such time re-
quired to pursue or await the determination of an appeal) from the grant
thereof has not sooner commenced except for good cause, or if, in the case
of a permit for construction, construction has not begun by such date
except for good cause.
Sincerely,
de .; ;;(44EdwarY ms
Building Inspector
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