37-125 2003 PB Decision Black Birch TrailBk: 07976 Pg: 153
Planning Board -Decision
Hearing No.: PLN·2004-()014
Bk: 7976Pg: 153 Page: 1 of 6
Recorded: 09/0212004 09:59 AM
City of Northampton
Date: October 31, 2003
APPLICATION TYPE:
PB Special Permit with Ma'or Site PI
SUBMlSSION DATE:
712912003
Applicant's Name: Owner's Name: Surveyor's Name:
NAME: NAME: COMPANY NAME:
TOFINO ASSOCIATES TOFINO ASSOCIATES INC HUNTLEY ASSOCIATES PC
ADDRESS: ADDRESS: ADDRESS:
31 CAMPUS PLAZA RD 31 CAMPUS PLAZA DR 30 INDUSTRIAL DR EAST
TOWN: STATE: I ZIP CODE: TOWN: STATE: I ZIP CODE: TOWN: STATE: I ZIP CODE:
HADLEY MA 01035 HADLEY MA 01035 NORTHAMPTON MA 01060
PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: PHONE NO.: FAX NO.:
(413) 256·0321 (413) 584-7444
EMAIL ADDRESS: EMAIL ADDRESS: EMAL ADDRESS:
Site Information"
STREET NO.: SITE ZONING:
FLORENCERD SR
TOWN: SECTlON OF BYLAW:
NORTHAMPTON MA 01060 SectionlftO.r:;Open Space Residential Development
MAP: I BLOCK: I LOT: I MAP DATE: ACTION TAKEN:
37 065 001 Approved With Conditions
Book.: I~;; 1557
NATURE OF PROPOSED WORK:
Open space cluster subdivision of 28 townhouse units and 5 s;ngle family units affecting map 37 parcels 65, 66, 67, 19.
HARDSHIP:
CONDITION OF APPROVAL:
1. Prior to endorsement of the definitive plans, a performance guarantee that conforms to
Northampton Subdivis;on Rules and Regulations §6:06 (4) must be posted. The developer may place
a covenant not to sell lots or, In lieu of placing a covenant, post a Letter of Credit In accordance with
the standards in the Regulations. If a Letter of Credit is posted it must be in accordance with the
Regulations, two lots must stili be covered by a covenant not to sell, must be adequate to cover the
costs of the city completing the project. at prevailing wages and with a 15% inflation factor, and the
Letter may not be reduced below $100,000 until the project is complete and has been accepted as
such by the Planning Board.
2. Permanent Covenants must state that snow removal andmaintenance of roads and Sidewalks
throughout the subdivision, will be the responsibility of the Homeowners' Association or adjoining
Lot Owners, but in no case shall It be the responsibility the City of Norlhampton.
3. An $8,000 escrow account shall be established, in the Homeowner Association's name (appearing
first) with a signature line for the City, prior to the first lot sale as an assurance that the Homeowners'
Association will perform their required capital Improvements and maintenance. The City may draw on
this account if it determines that required capital improvements, maintenance, or Inspections are not
being pelformed. The Homeowners' Association (HOA) is responsible to reimburse the City, within
three months for deposit Into the escrow account, for any funds the City spends from the account
The Permanent Covenants must clearly state that the City will have a right to place a Hen on any or all
properties within the subdivision or shall provide some other equivalent, In the opinion of the
Planning Board, level of protection for the city, in order to recover the cost of maintenance for
storm water facilities.
4. Prior to the construction of the road, the appHcant must record all covenants.
5. The permanent covenants must include the stormwater management plan, as submitted in the
application and approved by the Office of Planning and Development.
6. All drainage swales, stormceptors, check dams, outlet structures, and rip rap basins shall be kept
clear of sediments and inspected In the spring and in the fall.
7. Maintenance reporls with documentation on the condition of all inspections and receipts of all
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Planning Board -Decision
Hearing No.: PLN-2004-0014
City of Northampton
Date: October 31, 2003
I=~I
cleaning and work for all items specified in this permit condition shall be submitted to the Office of
Planning & Development annually. no later than November 1st of each year. Each report shall indicate
the status of each element of the entire system under the HOA's maintenance pUlView.
8. Drainage easements granted to the HOA must be shown on a revised plan with easement access to
the drainage spreaders must be addressed in homeowner association documents.
9, The drainage report showing that detention ponds are not needed should be signed by a
Massachusetts Registered Profess/onal Engineer and submitted to the Office of Planning &
Development
10. If standing water collects at the intersection of Florence Road and the new subalVision road, two
catch basins or other appropriate drainage structures must be installed to drain any pooling water in
accordance with ~'best management practices".
11. Prior to installation, subdrains for roadway construction must be reviewed and inspected by
Department of Public Works.
12. As presented by the applicant the proposed subdivision street will be privately owned and
maintained. Covenant documents must include a statement that this road is a private way and shall
not be petitioned to become a city right of way. This shall be written as an irrevocable covenant.
13. Covenants must include an irrevocable provision that states that the subdivision street may never
be gated from public access.
14. As offered by the applicant and in partial consideration of traffic impacts, prior to the issuance of
the first building permit, an easement shall be recorded that grants to the City an 8' wide public
bikepath that extends from Florence Road to the eastern boundary of the property. The easement shall
allow the public to pass and repass on non-motorized vehicles.
15. As offered by the applicant and in partial consideration of traffic impacts and waivers for the
creation of a dead end street, the applicant shall build a 400' bituminous bikepath 8' wide from the
edge of the properly boundary that abuts the Pathways Property east across this property. If an
easement is not granted to the City of Northampton across the abutting property owned by Pathways
Cohousing, the applicant shall provide a fee--in-lieu of traffic mitigation to the City of Northampton in
the amount of $64,000 (the amount equal to the proportional cost of improvements to the surrounding
intersections where incremental impacts are recorded, including sidewalk improvements along the
Florence Road frontage.) prior to the issuance of the building permit for the 15th unit
16. As offered by the applicant and prior to issuance of the first building permit, the design presented
to the Board on 10/23103 of the bikepath from the eastern properly boundary, across the Pathways
property, to the wet/and crossing that abuts the Ice Pond Property shall be submitted to the Office of
Planning & Development This design shall be stamped by a Professional Engineer and submitted on
a mylar.
17. A street sign, in accordance with city standards, must be shown on the plan and placed on site
prior to the issuance of the first building permit
18. Prior to issuance of the first building permit, a conservation restriction must be placed on the
open space portion of the properly in accordance with §10.5 of the Northampton Zoning Ordinance.
19. Except for maintenance vehicles and motorized wheelchairs, no motorized vehicles, including
personal assistive mobility devices, shall be allowed on the off-road bicycle trail.
20. Prior to issuance of a building permit for any lots, signs must be posted by the developer
indicating the bicycle path access point at Florence Road, using a conservation area sign in
accordance with the standards for City of Northampton conservation areas.
21. Prior to connection of the water and sewer lines to the Pathways Cohousing project, as-built plans
for the cross country lines on the Pathways property that show conformance with the city standards,
must be reviewed and approved by DPW. Cerlification by DPW that the connection is allowed must be
submitted to the Office of Planning & Development
22. All streets, utility, and other improvements must be made in accordance with Rules and
Regulations Governing Subdivisions in Northampton (·Regulations·) except as here in provided.
23. The water and sewer line shall be privately owned and maintained and shall be so stated ;n
covenants. Covenants shall be recorded prior to the final endorsement of the subdivision.
GeoTMS® 2003 Des Lauriers Municipal Solutions, Inc.
Planning Board -D.ecision
Hearing No.: PLN-2004-0014
Bk: 07976 Pg: 155
City of Northampton
Date: October 31, 2003
24. Prior to the Issuance of the first building permit, the applicant must provide a copy of a recorded
easement for the City to connect water Jines to the adjoining property to the Office of Planning &
Development This easement should generally be located from the eastern property boundary with
the Method/st Church (Map ID 37-30).
25. The appllcant must connect a T~valve on the water line to allow future connections from offs/te.
The valve shall be placed within the easement granted to the City for future connections described in
condition 24 above.
26. Water connections from any housing unit to the main shall be installed at a 90-degree angle
wherever possible.
27. A backflow device shall be placed in the community building.
28. Fire flow tests shall be conducted and submitted to the DPW for the actual unit locations. Test
results should show 1000 gpm can be achieved and 20 psi can be maintained.
29. All private utility easements, including those serving the single-family house lots shall be recorded
prior to issuance of the first building permit. These documents shall Indicate that maintenance is the
responsibility of the private owner or owner's association.
30. Prior to the issuance of a building pennit for lots 1-5, easements for the use and maintenance of
the private common driveway shall be recorded. Proof of recording shall be submitted to the Office of
Planning & Development
31. Final plans must show location of utilities providing for cable tv, electric, gas, phone, fiber optic,
etc. as required in the subdivision rules and regulations.
32. In accordance with 6:03 (9,10), GPS control points must be identified. Vertical and horizontal,
control points must be certified by a surveyor to be accurate within one centimeter, prior to final
endorsement Monuments must be placed at these poin~s.
33. All underground utilities must have warning tape Installed a mlnim,!m of 3' above the pipes.
34. Prior to the issuance of the first Certificate of Occupancy, one street light shall be located at the
intersection of Rorence Road and the proposed new road "Black Birch Trail".
The Northampton Planning Board unanimously GRANTED the request of Tofino Associates, Inc. for a Special Permit with Site Plan (major
project) under the provisIons of Sections 5.2, 6.2. 10.1 & 10.5 of the Northampton Zoning Ordinance for cluster development on a new
subdivision road including common driveway to be constructed and located as shown on the following plans and information submitted
with the application and as amended by any conditions attached to this permit
Unless otherwise noted, all plan sheets identified below are prepared for Tofino Associates, Inc, prepared by The Berkshire Design
Group,lnc.
1. "Rocky Hili Cohousing Definitive Subdivision Lot Layout, Northampton, Massachusetts" Sheet 1 of 1, dated August 6, 2003 by Huntley
Associates, P. C.
2. "Rocky Hill Cohousing Definitive Subdivision Location Plan, Northampton. Massachusetts" Sheet 1 of 1, dated August 6, 2003 by
Huntley Associates, P.C.
3. "Rocky Hill Cohousing OVerall Plan, Northampton, Massachusetts" Sheet L 1, dated October 9, 2003.
4. "Rocky Hili Cohousing Plan & Profile, Northampton, Massachusetts" Sheet L2, dated October 9, 2003.
5. "Rocky Hili Cohousing Layout Plan" Sheet L3, dated October 9,2003.
6. "Rocky Hill Cohousing Grading & Utilities Plan· Sheet L4, dated October 9, 2003.
7. "Rocky Hill Cohousing Site Details" Sheet L5.1~L5.4 dated October 9,2003.
8. "Application for Approval of Definitive Subdivision Plan Rocky Hill Cohousing· dated June 26, 2003.
9. "Application for Approval of Definitive Subdivision Plan Rocky Hill Cohous/ng ADDENDA" dated August 7,2003.
10. Stormwater Drainage Report dated October 22,2003 and October 9,2003.
11. Letter "Responses to Department of Public Works" dated October 9, 2003.
GeoTMS® 2003 Des Lauriers Municipal Solutions,lnc.
Planning Board -Decision
Hearing No.: PLN-2004-0014
Bk: 07976 Pg: 156
In Granting the Special Permit with Site Plan (major project). the Planning Board found:
City of Northampton
Date: October 31, 2003
A. The requested use, for cluster development including a common driveway protects adjoining premises against seriously detrimental
uses because the proposed residential use is consistent with adjacent uses and will contain a buffer between the lots and the adjoining
premises. The applicant has made provisions for surface water drainage and has addressed traffic, bicycle and pedestrian access
Issues as depicted on plans and information submitted with the application.
B. The requested use will promote the convenience and safety of vehicular and pedestrian movement with'n the site and on adjacent
streets, minimize traffic impacts on the streets and roads In the area because an 8' wide bicycle/pedestrian path with public access
easements will be constructed adjacent to the new road and will continue through the subdivision.
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 through the design and location of the subdivision outside of the 100' wetland buffer. The units
will be surrounded by permanently protected open space.
D. The requested use will not overload, and will mItigate adverse impacts on, the City's resources Including the effect on the City's water
supply and distribution system, sanitary and storm sewage col/ection and treatment systems, fire protection, streets snd schools
because the project has been designed in confonnance to the Northampton Subdivision regulations and special permit criteria for
stonnwater management.
E. The requested use meets any speCial regulations set forth in Sections 5.2,6.2, 10.1 & 10.5 including mitigation for traffic impacts to
surrounding Intersections, preservation of open space with public benefits.
F. The requested use bears a positive relationship to the public convenience or welfare because the proposed development has
incorporated plans for a public pedesfrianlbike trail and accessible curb ramps are proposed.
The use will not unduly impair the integrity or character of the district or adjoining zones, nor be detrimental to the health, morals, or
general welfare. The use shall be ;n harmony with the general purpose and intent of the Ordinance because the Open Space Residential
Development use is compatible with sUffounding uses.
G. The requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives, as
defined in City's Vision 2020 plan adopted under M.G.L. Chapter 41, Section 81·C and D because the project will provide additional
residential units in a cluster while preserving valuable open space. The project will also connect neighborhoods through the provision of
bicycle/pedestrian links from Florence Road.
In addition, in reviewing the Site Plan submitted, the Planning Board found that the application complied with the following technical
standards:
1. Curb cuts onto streets have been minimized to 2 curb cuts for 5 new single famify homes onto the new subdivision road.
2. Pedestrian, bicycle and vehicular traffic separated on-site to the extent possible. In conformance with the incremental traffic
mitigation, the applicant has offered to extend and construct 400' of public bike path offsite and has submitted a design for the remaining
connection to the Ice Pond property.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT ey: APPEAL DATE:
91412003 911812003 111612003
REFERRALS IN DATE; HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE:
911112003 101212003 1012312003 1012312003 1112012003
FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE:
911112003 912512003 1012312003 1013112003
SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE:
911812003 7:00PM 1213112003 1213112003 -
MEMBERS PRESENT: VOTE: l ;··~ f? i<:; n ')i r~ ~" ,
i" j:-.. -\ ,
, r-" ,~.';I
Paul Voss votes to Grant
Francis Johnson votes to Grant
George Kohout votes to Grant
Keith Wilson votes to Grant
Kenneth Jodrie votes to Grant
MOTION MADE BY: SECONDED BY: VOTE COUNT: BECISIQN:--' -
Keith Wilson Francis Johnson 5 Ap roved with Conditions
MINUTES OF MEETING:
A vallable In the Office of Planning & Development
GeoTMS® 2003 Oes Lauriers Municipal Solutions,lnc_
Bk: 07976 Pg: 157
Planning Board -Decision
Hearing No.: PLN-2004-0014
City of Northampton
Date: October 31,2003
I. Carolyn Misch, as agent to the Planning Board, certify that this Is a true and accurate decision made by the Planning Board and certify
thaI a copy ofthls and all plans have been filed with the Board and the City Clerk on
October 31, 2003
I certify that a copy of this decision has been mailed to the Owner and Applfcant
~J ri1J~ rB)IE(GIE~WJIE~
lflJ OCT 3 1 2003 lW
CITY CLERKS OFFICE
NORTHAMPTON MA 01060
November 21, 2003
I, Wendy Mazza, City Clerk of the City of Northampton, hereby certify that the above
Decision of the Northampton Planning Board was filed in the Office of the City Clerk
on October 31, 2003, that twenty days have elapsed since such filing and that no appeal
has been filed in this matter.
ATTEST:
City Clerk
City of Northampton
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PLANNING AND DEVELOPMENT· CITY OF NORTHAMPTON
Wa~"e FeiJen, Director· planning@nortbamptonplanning.org . HJHJHJ.Hortbamptonplanning.org
Scrivener's Error and correction
Please note a correction of scrivener's error on the Special permit Decision
for Tofino Associates, Florence Road Map ID 37-19,65,66,67. Known as Rocky
Hill Cohousing Cluster Subdivision.
The Board approved the following under "Nature of proposed Work":
Open space cluster subdivision of 28 townhouse units and 7 single family
units affecting map 37 parcels 65, 66, 67, 19.
corrected from: "Open space cluster subdivision of 28 townhouse units
and .s. single family units affecting map 37 parcels 65, 66, 67, 19.5 units.·
Carolyn S~ Misch
Senior Land Use Planner/permits Manager
November 24, 2003
plaJ1~in9 board· conservation commission· zoning board of appeals· housing partnersbip . reaeve(opn1eH( autborit~ . Hortbampwn GIS
ecoHomic development. commuHitS' development. bisroric district commis.sioH . bistorical commission· central business architecture