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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 - ___,,it- ._),...„--1\iiiilf-14 al . -A-dt J .• fes' �A, . �, r_ \ - Jo;oadsu) buip) ing 0111: - a luoglutl x/b6-17 / Nov , in I - 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