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006-064 PB SP Melnik 2008-04-09. ... . ... Planning -Decision I-Jeuuing t-,lo.: PLN-~ooe-003e APPLICATION TYPE: PB Major Site Plan & Special Permit icant's Name: Bk: 09482 Pg: 3 SUBMISSION DATE: 211312008 Owner's N • • CITY CLERKS OFFICE NORTHAMPTON, MA 01 City of Northampton Date: April 9,2008 s Name: NAME: NAME: COMPANY NAME: Pat Melnik Beaver Brook Nominee Trust ADDRESS: ADDRESS: ADDRESS: 311 Chesterfield Road 110 King Street TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: Leeds MA 01053 NORTHAMPTON MA 01060 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: 584-1155 EMAIL ADDRESS: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: STREET NO.: SITE ZONING: 28 EVERGREEN RD URA TOWN: SECTION OF BYLAW: NORTHAMPTON MA 01060 Chpt. 350 ... 10.5: Open Space Residential Development MAP: BLOCK: LOT: 11A 003 001 Book: 4758 Page: 119 NATURE OF PROPOSED WORK: MAP DATE: ACTION TAKEN: ZPA ... 25 UNIT CLUSTER DEVELOPMENT & COMMON DRIVEWA Y HARDSHIP: CONDITION OF APPROVAL: , FINDINGS: COULD NOT DEROGATE BECAUSE: FlUNG DEADLINE: MAILING DATE: II-IJ:A~ING )NTINUED DATE: 212112008 . 3/6/2008 I!O(Ct=ERR.iI S IN DATE: IHEARING DEADLINE DATE: HEARING CLOSE DATE: 212812008 411812008 3I27{2oo8 FIRST ADVt:.~ I ._ING DATE: HEARING DATE: Vu flNG DA""T'E: 212812008· 311312008 312712008 ISECOND ADVERTISING OATE: IHE.A~ING TIME: VOTING DEADLINE: 3/6/2008 7:30PM 612512008 MEMBERS PRESENT: VOTE: Katharine G. Baker votes to Grant , Stephen Gilson votes to Grant Jennifer Dieringer votes to Grant Keith Wilson votes to Grant Kenneth Jodrie votes to Grant • MOTION MADE BY: SECONDED BY: VOTE COUNT: Kenneth Jodrie Keith Wilson 5 DECISION DRAFT BY: ·411012008 I!=INAL SIGNING BY: 411012008 DECISION DATE: 411012008 DECISION DEADLINE: 612512008 ,., . -... ~ .. , .. " .. ". ", .. ". - Bk: 9482Pg: 3 Page: 1 of 3 Reoorded: 05/12/2008 02:28 PM IAPPEAL DATE: IAF. :AI DEADLINE: 413012008 DECISION: . Approved with Conditions MINUTES OF MEETING: Minutes are available in the Office of Planning & Development. Appeals of this application may be made in the appropriate court within the statuatory 20 day appeal period. . I, Wayne Feiden, as agent to the Planning Board, certify that this is a true and accurate decision made by the Planning Board and that a copy of this has been filed with the Board and the City Clerk on the decision date shown above and has been mailed to the Owner and Applicant. GeoTMS® 2008 Des Lauriers Municipal Solutions, Inc. • .- • ..011 Planning -Decision Hearing No.: PLN-2008-0038 Bk: 09482 Pg: 4 - City of Northampton Date: April 9, 2008 Upon motion by Ken JiJdrie and second by Keith Wilson the Planning Board voted unanimously (5-0) to issue the requested special permit and site plan approval with the following conditions: 1.0 To mitigate expected traffic increases from the project and ensure adequate pedestrian safety: - -OApplicant shall pay the offered $50.000 in traffic mitigation, In-lieu of providing off-site traffic improvements to address the incremental impacts of increased traffic, PRIOR to obtaining a building permit for the site. -0 The money shall be segregated within a traffic mitigation account with the funds to be used for the soft or construction costs of providing traffic calming and traffic sa"ty Improvements on Leonard Street, East Center Street, Front Street, Upland Road, Evergreen Road, Chestnut Avenue, and Grove Avenue. . -0 The roadway width shall be 22' wide (not 24'). -0 Sidewalks shown shaJl be constructed of cement concrete. -0 The sidewalk shall be extended easterly along the entire distance of the property's frontage on Evergreen Road; i.OA speed hump shall be 10catedJust east of the southerly driveway on the access road, and designed in accordance with standard engineering practice. The sidewalk across access road shall be cement concrete and be located as close to the intersection as practical. . ii. 0 Sidewalk shall include wheelchair ~mps to Evergreen Road immediately east and immediately west of the Chestnut Avenue extension. -OPrior to the Certificate of Compliance for the 15th housing unit, the applicant shall provide traffic counts and speed study necessary for the analysis of the Chestnut/Evergreen/new access road intersection. -0 Prior to the Certificate of Compliance for the 15th housing unit, the applicant shall install three speed humps on each of the three existing roads entering the intersection of Evergreen Road, Chestnut Avenue or such other traffic mitigation of the same approximate cost approved by the Planning Board and the Department of Public Works and designed and built in accordance with commonly accepted engineering practices. All structures within the public right-of-way shall be designed in accordance with Depaltlnent of Public Works standards. -OStop signs shall be installed on the new access road at its intersection with Evergreen, consistent with the MUTCD. 2.0 To ensure adequate potable and fire flow requirements: -OEach dwelling structure shall be constructed with a sprinkler system that meets the design and other requirements of the applicable sections of NFPA 13 and that the sprinkler system be approved by the fire chief; and -0 Water system improvements shall be made consistent with "Exhibit B-Agreement to Upgrade the Water System," included here by reference. 3.0 To provide clear engineering standards: -0 Street trees along Evergreen Road shall be required an average of every 30' -OAlong the access road (Chestnut Road extension) all drainage improvements, roads, street, sidewalks, water lines, storm sewers and sanitary sewers shall be constructed in accordance with the design standards provided in the Northampton Subdivision Regulations. -0 There shall be a triple gated interconnection with a valve at the property line where the proposed water main connects to the existing water main on Evergreen Road. -OProvide at least two swing ties from permanent locations to each water main isolation valve. -0 The one-way driveway loop shall have a hydrant between each proposed isolation valve. -OProvide inverts at the proposed manhole connection on Evergreen. -OProvide a sewer cleanouf at the property line. -oFour foot (4') tall evergreen shrubs shall be planted and maintained (and replaced as necessary) along the entire curvature of the access road to block headlights from the Yankee Hill condominium site east of the proposed road. These shall be located along the property boundary or within the planting strip, from a point 120 feet north of Evergreen Road and thence continuing an additional 190 feet. -0 The name and certification number of the arborist overseeing tree protection shown on the plans shall be submitted to the Office of Planning and Development prior to commencement of construction. -OPrior to construction, the arborist must identify a detailed plan of tree protection and prevent a plan showing preservation of two large maples (one close to the entrance to the project and one behind the largest building) and any other sensitive areas. subject to approval by Office of Planning and Development staff based on detennination of whether trees are sufficiently protected from construction damage. Trees within the area marked "existing woods to remain, selectively cleared or thinned upon approval by arborist", such trees shall only be removed with specific approval by the arborisl and by OPD review. No more than 10% of the trees in the area may be cut shall be cut in this area. -OAt the intersection of the "proposed paved bike path connector by developer' and the access road, the bike path shall be extended from the sidewalk to the roadway itseff. -OOrange tree protection fencing shall be located on the individual lots around the areas shown as "trees to be protected with some selective thinking detetnJined by arbor/sri in areas within 100' of any construction and any tree clearing. Trees may only be selectively cut upon approval by aborist AND'Office of Planning and Development staff. No more than 10% of the trees in this area shall be thinned. Any trees cut or damaged during construction not approved by this method shall be replaced at a rate of 1" diameter caliper planted, in a location approved by the Office of Planning and Development, for each 1" diameter caliper cut. 4.0 To ensure offered public use, public ownership, project mitigation: -oParcel A shall be transferred to the Northampton Conservation Commission, If City Council accepts. PRIOR to obtaining a Building Permit, in fee -subject ONL yto the recorded Conservation Restriction and public access easement'wlt/.J no timber or other rights reserved to the property owner or applicant or any third party. . -DAn easement for the public to pass and repass on the new access road (Chestnut Avenue extension), its sidewalks, and the planned bikepath to be provided for by the developer shall be provide to the City PRIOR to obtaining any Certificate or Temporary Certificate of Compliance. Permanent signage shall be designed and placed at both ends of the bikepath announcing this as the NorwottuckiChestnut Avenue link, prior to selling or marketing any unit '. -0 The Planning Board approval specifically allows the reduction in frontage shown on the plans to allow the donation of the proposed open space shown on the plans. . .. -0 There shall be permanent marking along the Development Umit Line In a manner acceptable to the Office of Planning and Development and the Conservation Commission prior to the final plans being approved. 5.0AII work shall be done in accordance with plans entitled UBeaver Brook Estates, Northampton, Massachusetts. Cluster D~velopment Plan & Site Plan for Zoning Special Pennit & Site Plan Approval" last amended 3/1212008, provided, however, that PRIOR to Issuance of a GeoTMS® 2008 Des Lauriers Municipal Solutions, Inc. • • Bk: 09482 Pg: 5 • \ P1anning -Decision City of Northampton. Hearing No.: PLN-2008-0038 Date: April 9,2008 Building Penn it, these site plans shall be revised and filed with the Office of Planning and Development (OPD) consistent with the existing DPW Stonnwater Management Permit and these permit conditions and approved by OPD staff In accordance with these permit .. conditions. Said plans shall show both site plan views, construction detail sheets, and utility profiles. Water system plans shall -. specifically show construction details, sizes of pipes and valves, thrust blocks, and other requirements. of the subdivision regulations. Said plans shall be provided in both paper (three caples) and PDF electronic format 6.0PRIOR to any construction, there shall be a preconstruction meeting with the Northampton Office of Planning and Development, the Depalbnent of Public Worksl the contractor, and the developer'S engineer to review plans, permit conditions and to ensure that al/ construction tree protection measures necessary to protect the trees destined forsaving In the plans and this pernJi~ including the large tree to be saved closest to Evergreen, shall be in place prior to consruction . 7. o PRIOR to the sale of any units or the issuance of any temporary or permanent C~rtJflcate of Occupancy, the applicant shall provide covenants or ensure adequate fin~ncial and institutional controls to ensure maintenance of the road, u.tilities, and drainage facilities, and to ensure that buyers are aware that the road and utilities must remain In private hands and never be dedicated to the city and that the bike path will be installed with a public easemen~ with the covenants subject to OPD staff approval consistent with this pern,it. After staff approval, said covenants shall be recorded at the Registry of Deeds PRIOR to the sale'of any units or temporary or permanent CO.' B.OExcept as noted below, PRIOR to' any fiilal Certificates of Occupancy, as-built plans prepared by a professional engineer showing all wotk shown on the plans, any variations between the approved construction plans and the actual wo,* performed and documenting city. approval of all changes. Said plans shall be provided In both paper (three copies), and In both PDF and AutoCad 2000 DW£; (with full and clear data dictionary) electronic files. The PlannIng Board will accept a Letter of Credit, consistent with the standards in the Subdivision Regulations, to guarantee a/1 work is done and all plans are proper/yprepared if the applicant wants to obtain Certificates of Occupancy prior to the completion of the project. • -Rndings: .. The Planning Board reviewed the special pelmit and site plan approval criteria: Criteria 1-detrimental use ... : The board found that within the context of the zoning and the cGJmprehensive plan, this project is not detrimental or more detrimental than any other project developed consistent with Northampton zoning. . Criteria 2-covenence and safety ... :The board found that with the proPosed traffic mitigation measures (bike path, intersection improvements, sidewalks, payment In-lieu of fees) the project wIll not have adverse effects.- Criteria 3-harmonious relationship .•. :The board found that the layout is consistent-with development in this area and as soch meets this' criteria. \ Criteria 4-overload city services ..• : The board found that with traffic mitigation, water improvements and compliance with subdivision standards, and considering fire and DPW recommendations, the project will not overload city services. ' Criteria S-special regulations •.• : The board found that the "standards of the zoning ordinance have been met Criteria 6 .. positive relationship •.. : The board found that the project will provIde housing with traffic mitigation, a rail trail spur, private street and infrastructure built to many of the same standards as public sfteets, open space, and kee/ling in mind that tfIe traffic volumes are not huge. Criteria 7-promote city planning objectives ... : The board found that the project is consistent with Sustainable Northampton, with housing primarily in the traditional development area and open space primarily in the conservation development area . : , • • • I, Wendy. Mazza, City Clerk of Northampton, hereby certify the Northampton Planning Board was filed in the office of 2008, that twenty days have elapsed since such filing and • filed in this matter. Attest: • ... -'''' ~~~~\Yl~ -~ _ .. ~ APR 1 0 2008 -" . CITY CLERKS OFFICE NORTHAMPTON, MA 01060 May 1, 2008 that the above Decision of the City Clerk on April 10, that no appeal has been • '. .1 • • City Cler -Ci of u,a.au.p t on GeoTMS® 2008 Des Lauriers Municipal Solutions~ Inc. ATTB8T: --, MARIAB'NlI L. DONOHOB , • •