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24B-067 263 King St PB 2009Date: June 25, 2013Hearing No.:PLN-2010-0004 City of NorthamptonPlanning - Decision APPLICATION TYPE: PB Major Site Plan SUBMISSION DATE: 7/21/2009 NAME: FORISH CONSTRUCTION CO INC Applicant's Name: ADDRESS: P O BOX358 TOWN: WESTFIELD STATE: MA ZIP CODE: 01086 PHONE NO.: (413) 568-8624 FAX NO.: (413) 562-7136 EMAIL ADDRESS: STREET NO.: 263 KING ST Site Information: TOWN: NORTHAMPT0N MA 01060 MAP: 24B BLOCK: 067 LOT: 001 SITE ZONING: HB(99)/GI(1)/ MAP DATE: NAME: 293 NORTHAMPTON REALTY LLC C/O WILLI Owner's Name: ADDRESS: P O BOX 5789 TOWN: ALBANY STATE: NY ZIP CODE: 12205-0789 PHONE NO.:FAX NO.: EMAIL ADDRESS: Surveyor's Name: ADDRESS: TOWN:STATE:ZIP CODE: PHONE NO.:FAX NO.: EMAIL ADDRESS: COMPANY NAME: ACTION TAKEN: Approved With Conditions NATURE OF PROPOSED WORK: NEW 5836 SF SHOWROOM BLDG HARDSHIP: FINDINGS: The Planning Board voted to approve the site plan for the construction of the 5,836 square foot auto dealership based upon the following plans submitted with the application: 1. "Lia Kia Site Plan at 263 King Street", Prepared by Huntley Associates, PC dated July 2009, Sheets 1-8, Luminaries Plan and Architectural Elevations. 2. Traffic Mitigation Letters/Responses. In granting approval the Board found the following criteria in Chapter 350- 11.1 had been met. 1) The requested use protects adjoining premises against seriously detrimental uses. Highway Business consists of a mix of use including other auto dealerships. (2) The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, minimize traffic impacts on the streets and roads in the area. If applicable, this shall include considering the location of driveway openings in relation to traffic and adjacent streets, access by emergency vehicles, the arrangement of parking and loading spaces, and provisions for persons with disabilities. The redevelopment of the site will utilize the existing driveway and driveway access approved under previous site plan. A sidewalk will connect from King Street to the front door of the dealership. The applicant will make a $36,000 payment in lieu of mitigation and submit a post-construction traffic study to ensure that mitigation CONDITION OF APPROVAL: Book: 8500 Page: 84 SECTION OF BYLAW: Chpt. 350- 11: Site Plan Approval Prior to CERTIFICATE OF OCCUPANCY, an engineer’s stamped as-built shall be submitted to Office of Planning and Development s showing 0 foot-candles at the property line with full cutoffs on the lights. 2). Prior to any temporary CERTIFICATE OF OCCUPANCY, all trees proposed for planting or replanting must be inspected by city tree warden for compliance. All trees shall be planted and mulched according to nurserymen standards. Existing gravel mulch shall be pulled back from trunks of all trees. 3). Prior to issuance of any certificate of occupancy, $36,000 in lieu of traffic mitigation, shall be made to City of Northampton. At the end of 6 months of operation, and prior to issuance of a final certificate of occupancy, the applicant shall submit a trip generation study taken over 5 weekdays. If the PM peak trips to the site are equal to or more than 50% greater than the 18 PM peak trips estimated in the application, mitigation shall be adjusted upward according to the zoning ordinance requirement. 1) GeoTMS® 2013 Des Lauriers Municipal Solutions, Inc. Date: June 25, 2013Hearing No.:PLN-2010-0004 City of NorthamptonPlanning - Decision REFERRALS IN DATE: 7/30/2009 FILING DEADLINE: 7/23/2009 FIRST ADVERTISING DATE: 7/30/2009 SECOND ADVERTISING DATE: 8/6/2009 MAILING DATE: 8/6/2009 HEARING DEADLINE DATE: 9/24/2009 HEARING DATE: 8/13/2009 HEARING TIME: 8:05 PM covers the actual impacts and up to 50% more than assumed. (3) 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. The existing landscaping along King Street will remain. (4) 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 collection and treatment systems. Stormwater permits have been amended to accommodate the reconfiguration of the site. (5) The requested use meets any special regulations set forth in this chapter including section lighting, stormwater management. (6) The requested use bears a positive relationship to the public convenience or welfare. The use will not unduly impair the integrity of character of the district or adjoining zones, nor be detrimental to the health, morals, or general welfare. The use shall be in harmony with the general purpose and intent of the ordinance. (7) If applicable, 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 MGL c. 41, § 81C and 81D. COULD NOT DEROGATE BECAUSE: HEARING CONTINUED DATE: 9/10/2009 HEARING CLOSE DATE: 9/24/2009 VOTING DATE: 9/24/2009 VOTING DEADLINE: 6/26/2009 DECISION DATE: 9/25/2009 DECISION DRAFT BY: 10/8/2009 DECISION DEADLINE: 12/23/2009 FINAL SIGNING BY: 10/8/2009 MOTION MADE BY: Francis Johnson SECONDED BY: Mark Sullivan VOTE COUNT: 6 DECISION: Approved with Conditions MINUTES OF MEETING: Minutes available in the Office of Planning & Development. 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 that a copy of this and all plans have been filed with the Board and the City Clerk on the date shown above. I certify that a copy of this decision has been mailed to the Owner and Applicant. ___________________________________ Notice of Appeal An appeal from the decision of the Planning Board may be made by any person aggrieved pursuant to MGL Chapt. 40A, Section 17 as amended within twenty (20) days after the date of the filing of the notice of the decision with the City Clerk. The date is listed above. Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of the City of Northampton. APPEAL DATE: APPEAL DEADLINE: 10/15/2009 MEMBERS PRESENT:VOTE: Marilyn Richards Grantvotes to Stephen Gilson Grantvotes to Jennifer Dieringer Grantvotes to Mark Sullivan Grantvotes to Francis Johnson Grantvotes to Kenneth Jodrie Grantvotes to GeoTMS® 2013 Des Lauriers Municipal Solutions, Inc.