07-012 (5) •
City of Northampton, Massachusetts 22QSWfp=o . _�., of
Office of Planning and Development " a
City Hall • 210 Main Street #Li .1.Ile
Northampton, MA 01060 • (413)586-6950 $tr,l t� ( e
:
FAX(413) 586-3726 °
•Community end Economic Development MA
•Conservation •Historic Preservation
•Planning Board•Zoning Board o/Appeals
• Northampton Parking Commission
DECISION OF
NORTHAMPTON PLANNING BOARD
APPLICANT: Gary Warner
ADDRESS: 332 North Farms Road
Northampton, MA 01060
OWNER: Gary Warner
ADDRESS: 332 North Farms Road
Northampton, MA 01060
RE LAND OR BUILDINGS IN NORTHAMPTON AT: North Farms Road, Parcel
12
MAP AND PARCEL NUMBERS: MAP 7 PARCEL 12
At a meeting conducted on August 8, 1996, the Northampton
Planning Board unanimously voted 6: 0 to grant the request of Gary
Warner for a SPECIAL PERMIT with Site Plan Approval under the
provisions of Section 6. 13, 10.10 and 10.11 in the Northampton
Zoning Ordinance, to create a flag lot located between #400 and
#408 on North Farms Road, in accordance with the plans and
information submitted.
Planning Board Members present and voting were: Chair Andrew
Crystal, Jody Blatt, Nancy Duseau, Kenneth Jodrie, Mark NeJame,
and Anne Romano.
In Granting the Special Permit with Site Plan Approval for a flag
lot, the Planning Board found:
A. The requested use for a flag lot protects adjoining premises
against seriously detrimental uses because it is a
residential use of a property in a Rural Residential zoning
district.
B. The requested use will promote the convenience and safety of
vehicular and pedestrian movement within the site and on
adjacent streets and minimize traffic impacts on the streets
and roads in the area because it will generate minimal
additional traffic and utilize an existing curb cut.
ORIGINAL PRINTED ON RECYCLED PAPER
C. The requested use will promote a harmonious relationship of
structures and open spaces to the natural landscape,
existing buildings and other community assets in the area
because it will be in keeping with the residential character
of the neighborhood.
D. The requested use will not overload the City's resources
because it calls for the addition of only one residential
dwelling. Therefore, there is no need to mitigate adverse
impacts.
E. The requested use meets all special regulations set forth in
the Zoning Ordinance under Section 6. 13 and Section 10.11.
(See Attachments A and B)
F. The requested use bears a positive relationship to the
public convenience or welfare because it provides additional
housing.
The use will not unduly impair the integrity or character of
the district or adjoining zones because the proposed use is
residential, and the property is located in a district zoned
Rural Residential.
The use will not be detrimental to the health, morals, or
general welfare and shall be in harmony with the general
purpose and intent of the Ordinance.
G. The requested use will promote City planning objectives to
the extent possible and will not adversely affect those
objectives, as defined in City master or study plans adopted
under M.G.L. Chapter 41, Section 81-C and D.
•
In granting the Special Permit with Site Plan Approval for a flag
lot, the Planning Board imposed conditions upon the project as
follows:
1) An Approval Not Required (ANR) Plan must be submitted to
the Office of Planning & Development, signed by the Planning
Board and recorded at the Hampshire County Registry of
Deeds. It must include the statement, "Lot 12 is a Flag Lot:
Building is permitted only in accordance with the special
Flag Lot Provisions of the Northampton Zoning Ordinance; "
2) Prior to construction, a plan showing that all setback
requirements have been met must be submitted to the Building
Inspector;
3) The grade, length and location of access driveways shall
be of suitable construction, in the opinion of the Planning
Board, for the access and, where applicable, the turn-around
for vehicles, including moving vans, ambulances, fire and
police. Said driveways shall conform to all applicable
provisions of the Zoning Ordinance.
.
ATTACHMENT A
Section 6. 13 Flag Lots. In reviewing the application for a
Special Permit to create a flag lot, the Planning Board found the
following:
1. The lot met the requirements of the Table of Dimensional and
Density Regulations, Section 6.2 .
2 . The access roadway has no curve with a radius of less than
eighty (80) feet.
3 . The lot is laid out such that a circle with a diameter one
and one-half (1 1/2) times the required frontage can be
placed around the principal structure without any portion of
said circle falling outside of the property's line.
4. Only one flag lot is being created, and an existing curb-cut
and drive located on the property will be used, so no
easement is necessary.
5. The grade, length and location of access drivewaysshall be
of suitable construction, in the opinion of the Planning
Board, for the access and, where applicable, the turn-around
for vehicles, including moving vans, ambulances, fire and
police. Said driveways shall conform to all applicable
provisions of the Zoning Ordinance.
6. Approval Not Required Plans submitted to the Planning Board
shall include the statement "Lot 12 is a Flag Lot: Building
is Permitted Only in Accordance with the Special Flag Lot
Provisions of the Northampton Zoning Ordinance. "
7 . The Special Permit application includes a plan showing the
location and layout of the existing driveway and proposed
house.
ATTACHMENT B
•
ATTACHMENT B
Site Plan Approval/Review Criteria
Section 10.11
In conducting their Site Plan Review for the Special Permit with
Site Plan Approval for a flag lot, the Planning Board found:
A. The requested use for a flag lot protects adjoining premises
against seriously detrimental uses because it is a
residential use of a property in a Rural Residential zoning
district.
B. The requested use will promote the convenience and safety of
vehicular and pedestrian movement within the site and on
adjacent streets and minimize traffic impacts on the streets
and roads in the area because it will generate minimal
additional traffic and utilize an existing curb cut.
C. The requested use will promote a harmonious relationship of
structures and open spaces to the natural landscape,
existing buildings and other community assets in the area
because it will be in keeping with the residential character
of the neighborhood.
D. The requested use will not overload the City's resources
because it calls for the addition of only one residential
dwelling. Therefore, there is no need to mitigate adverse
impacts.
E. The requested use meets all special regulations set forth in
the Zoning Ordinance under Section 6. 13 and Section 10. 11.
F. The project has provided for compliance with the Technical
Performance Standards as listed below:
1. The curb cuts have been minimized because an existing
curb cut will be used.
2. Pedestrian, bicycle and vehicular traffic movement has
been separated on the site by construction of a
driveway.
Pursuant to Massachusetts General Laws (MGL) , Chapter 40A,
Section 11, no special Permit, or any extension, modification or
renewal thereof, shall take effect until a copy of the decision
bearing the certification of the City Clerk that twenty days have
elapsed after the decision has been filed, or if such an appeal
has been filed that it has been dismissed or denied, is recorded
in the Hampshire County registry of Deeds or Land Court, as
applicable and indexed under the name of the owner of record or
is recorded and noted on the owner's certificate of title. The
fee for such recording or registering shall be paid by the owner
or applicant. It is the owner or applicant's responsibility to
pick up the certified decision from the City Clerk and record it
at the Registry of Deeds.
The Northampton Planning Board hereby certifies that a Special
Permit with Site Plan Approval has been Granted and that copies
of this decision and all plans referred to in it have been filed
with the Planning Board and the City Clerk.
Pursuant to Massachusetts General Laws, Chapter 40A, Section 15,
notice is hereby given that this decision is filed with the
Northampton City Clerk on the date below.
If anyone wishes to appeal this action, an appeal must be filed
pursuant to MGL Chapter 40A, Section 17, with the Hampshire
County Superior Court and notice of said appeal filed with the
City Clerk within twenty days (20) of the date of that this
decision was filed with the City Clerk.
Applicant: Warner - North Farms Road
DECISION DATE: August 8 , 1996
DECISION FILED WITH THE CITY CLERK: August 22 , 1996
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1-NOV-1995 13:22:57 Hampshire County Registry of Deeds 'Becht No: 48290
Marianne L. Donohue, Register of Deeds
33 King Street
Northampton, MA 01060-3298
Name: GARY WARNER Addr: 332 NORTH FARMS ROAD
NORTHAMPTON 01060
MA
Receipt Tyoe: OR
Payment
Total Paoes: 0001 Fees Taxes
Fee: $ 25.00 Cash: $ 0.00 $ 0.00
Tax: $ 0.00 Check: t 25.00 E 0.00
Misc: $ 0.00 Charge: $ 0.00
Charge Code:
Comment:
Receipted By: BETH Status: PAID
DOCUMENTS: 960025749 to 960025749
Type Page Doc Mref Considerf Record Fee Excise Tax Stat Misc Fee Record Date Document# Book/No/Page Status
PL4 001 0001 0000 0.00 25.00 0.00 0.00 1-NOV-1996 13:21 960025749 PLAN/0181/0026 INIT
Page 0001 of 0001
n1 n
2 0 P9
DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
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.
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
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.
i /moi
Robert C. Buscher, Chairman
Dr. Peter Laband
M. Sanfo Weil, Jr.
i
1
Ali
- 6
Na LW
FORM A
:LONGNORTHAMPTON, MA
APPLICATION FOR ENDORSEMENT
OF PLAN BELIEVED NOT TO REQUIRE APPROVAL
File five completed forms and plans and one mylar with the City Clerk and the
Planning Board in accordance with the requirements of Section 3.02.
To the Planning Board:
The undersigned, believing that the accompanying plan of his/her property
in the City of Northampton does not constitute division within the meaning of the
Subdivision Control Law, herewith submits said plan for a determination and
endorsement that Planning Board approval under the Subdivision Control Law is not -
required. /
1. Applicant G4i /✓f. UJ4-/LN -/2-
P int or type name Signature
332 Al ?Mem eD A/DRTtAMPThJ 3a - 1,, b?
Address / }}
2. OwnerCt4 M, h1V•D A . am-tope /_ - /v-.. U C�
Print br type name Signature tt..
3 2- kl • Fac>ks Rh ti7tn4AM Pro S Ute }
Address Phone
+ iER.NUfnLEt ,.la. & IP
3. Surveyor
+ IATE'S C.. __.._
Print or type name 1 Signature
so iaa>5-aza� Lam- vde EM''T z4,64T01,3 54 -1444-
Address t
` L, {I , Phone
4. Deed or property recorded in i2 3 NDSWte Co. Registry,
Book 2858 Page 224 •
5. Location and Description of Property: A I^y Af.. LOT or is e4.,(o Acte,
TIE viEsisly SIOE 4) ',A 1 4t') WCA.a
6. Assessor's Map ID: 7 Lot(s) : t`Z-
Date Submitted -.r
plannfDate Planning B..oa
Board Appro a i# et ?' Decision,File : /t1 /. / (t
6y!ywylCitler • /i. „al( . City
p //�✓�G`
gnat /'r) (Sig aEur'e) O1
(8/13/91)
•
SUBDIVISION REGULATIONS-------PAGE 60
Conditions: Driveway Permit
In lieu of plan approved by City Engineer
I agree to the following added conditions:
1) I will contact the Department-. of Public Works and have
an inspector check and approve the graded gravel base
prior to paving to insure compliance with slope and
• location;
2) I further agree that if in the inspections any of the
permit conditions are not met that I will at no expense
to the City remove and replace the driveway as directed
by the City Engineer.
By: !IJ i�A /✓"J/✓l
Peti ioner
NOTE: The Public Works Department recommends that you provide a
plan showing the proposed driveway with grades and location
in the future to avoid possible expense which you will incur
by not getting approval of actual plans in advance.
Samp1e64142
- IAC HOWARD LABORATORIES of NEW ENGLAND, INC
750 North Pleasant Street
Amherst, MA 01002
Phone: (413)549-8260 Fax: (413)549-1850
MA Lab Licit M-00851
WATER ANALYSIS REPORT
Analyzed For: Aqua Well Sample Location:
Address: 961 Ryan Road North Farms Road
Florence, MA 01060 Sampled By: CY
Date Sampled: 9/16/96
Telephone: Date Received: 9/16/96
Parameter Results Limits Comments
Total Coliform OK
Bacteria 0 colonies/100ml 0 °m°niaanoomi
pH 7 .44 pa units 6.5-9.5 pa Units
Manganese 0.014 mg/1 0.05 mg/1
Hardness 60 mg/i NO standard <50 soft, >100 hard
Conductivity 0. 19 ,si® No standard
Chloride 4.6 mg/1 250mg,5
Iron 0.03 mgn 0 3mg/i
Sodium 6 mg/1 20mgn
Nitrate 0.0 wn 10mgi5
Nitrite 0.002 mgn 1 mg/1
Color 10 etc° color Units 15 Pt co Color Units
Turbidity 1.60 N5,2 5 '°5U
Recommendations:
This sample meets acceptable standards of potability for the parameters tested.
Analyst: Dave Kopazz Date: 9/18/96
Checked By:Jonathan S. Begq �% e,
Laboratory Superviso
r'".- CITY-1?) , MASS. #26-96
LI' OCT ' 3 0.
JJJ July 17, 1996
C'EPl _e
THE BOARD OF PUBLIC WORKS
The undersigned respectfully petiition your honorable body for
Permission to install driveway at fLO‘, North Farms Road
Fifteen (15) foot maximum width at the street line. Gutter drainage not to be
disturbed. All drainage shall be directed off the driveway surface to
adjacent land and not on the existing roadway. Driveway surface to be
paved if the grade of the proposed driveway exceeds 3% or more.
(see previous logging road permit for Gary Warner)
a
,
By: (,„ ,i1,
/ , DLJ/ ftv r n�& Gary warner
On
338 North Farms Road --
Proposed Location
Inspected by: OUS 0' Cod y 9-9t-96
Gravel Base Grade
Inspected by:
Final Approval:
THE BOARD OF PUBLIC WORKS
Voted that petition be granted.
$25.00 Fee Paid #1723
Samuel B. Brindis, P.E. , Director of Public Works
(SUBJECT TO ATTACHED CONDITION 1 & 2)
0CT 2 3• J)
DEPTOFBUILDIUS
NORTHAMPTON MA- _
23-OCT-1996 10:22:26 Hampshire County Registry of Deeds Receipt No: 47639
Marianne L. Donohue. Register of Deeds
33 King Street
Northampton, MA 01060-3298
Name: GARY WARNER Addr: 332 NORTH FARMS ROAD
NORTHAMPTON. MA 01060
•
Receipt Type: OR
Payment
Total Pages: 0001 Fees Taxes
Fee: $ 25.00 Cash: $ 0.00 $ 0.00
Tax: $ 0.00 Check: $ 25.00 $ 0.00
Misc: $ 0.00 Charge: $ 0.00
Charge Code:
Comment: PLAN OF LAND
Receipted By: MONIKA Status: PAID
DOCUMENTS: 960024765 to 960024765
Type Page Doc Mref Considers Record Fee Excise Tax Stat Misc Fee Record Date Document* Book/No/Page Status
PL4 001 0001 0000 0.00 25.00 0.00 0.00 23-OCT-1996 10:21 960024765 PLAN/018110017 INIT
Page 0001 of 0001