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June 27, 1997
I, Christine Skorupski, 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 June 6, 1997,;that twenty days have elapsed
since such filing and that no appeal ' eeii fsled int 's matte .
Atte to _ , / r. a
Cit %of=Nor n
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ATTESTS $Wsmn. brio .o aEGtSTEz
HAxIAI�IItE L. DONOERM
Doc: 99M V f319M 0311MM 1259
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 band 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: John J. Herlihy - Audubon Road, Leeds
DECISION DATE: May 22, 1997
DECISION FILED WITH THE CITY CLERK: June 6, 1997 ' JUN 6 199
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6)
DOC: 992DO5002 OR /5899M97 03/13%1OD012:58
ATTACMENT A
Section 6.13 Flaq Lots. In reviewing the appl
Special Permit with Site Plan Approval for a Flag Lot,
Planning Board found said lot has:
the
1. met the requirements of the Table of Dimensional and Density
Regulations, Section 6.2;
2. an access roadway with no curve having a radius of less than
eighty (80) feet or, if access is from another lot, an area
on the flag lot for an access roadway with no curve having a
radius of less than eighty (80) feet;
3. configurations such that the principal structure is located
on the lot in such manner that a circle, with a minimum
diameter equal to one and one-half (1 1/2) times the amount
of the minimum frontage requirement required for a non -flag
lot in that district, can be placed around the principal
structure without any portion of said circle falling outside
of the property's line; and
4. for the subdivision of any single lot or contiguous lots
under common ownership, in existence at the time of adoption
of this ordinance or subsequent thereto, there may be no
more than three Flag Lots having abutting, contiguous street
frontage. This flag lot is served by a legally pre-existing
common drive. Appropriate easements are delineated on the
Plot Plan and on the deeds to the lots, including a clear
provision for the responsibility for the maintenance of the
common driveway, common utilities (if any) and snow removal,
running with the land. Said easements are:
A. part of the deed, and
B. recorded at the Hampshire County Registry of Deeds.
5. The lot is served by an legally pre-existing common
driveway.
6. Plans submitted to the Planning Board under this Section
were the same as the plan submitted to the Planning Board
under the Subdivision Control Law, and included the
statement "Lot (s) 9 is a Flag Lot: building is permitted
only in accordance with the special Flag Lot Provisions of
the Northampton Zoning ordinance."
7. The proposed driveway is legally pre-existing and therefore
was not shown on the plans. However, the location and
layout of the proposed driveway and house and all provisions
for drainage and storm water run-off were depicted on all
plans.
3
/"
Doc: 992005002 OR /589910186 03113/200012:59 JUN _
�3 6 19974�a
adjacent streets and minimizes traffic impacts P�
streets and roads in the area because access to t will
be over an existing common driveway, and no new curb cut is
required.
C. The requested use promotes a harmonious relationship of
structures and open spaces to the natural landscape,
existing buildings and other community assets in the area
because the requested use involves the creation of a flag
lot for a single-family hone, which is in keeping with the
residential use of the area.
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 collection and treatment systems,
fire protection, streets and schools.
E. The requested use meets all special regulations set forth in
the Zoning ordinance. specifically, section 6.13 - Flag Lot;
see "Attachment A,• for criteria.
F. The requested use bears a positive relationship to the
public convenience or welfare, and will not unduly impair
the integrity of character of the district or adjoining
zones.
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 addition, in reviewing the Site Plan, the Planning Board found
the applicant has complied with the following technical
performance standards:
F. 1. Curb cuts onto streets have been minimized because the
lot will be served by a common drive.
2. Pedestrian, bicycle and vehicular traffic movement on
site are separated to the extent possible.
The following copdition was imposed upon this special Permit:
1. This lot is subject to restrictive covenants registered
at the Hampshire County Registry of Deeds.
Doc, 9910M 0 MIDIES D3/!3/N 12.59
City of Northampton, Massachusetts
Office of Planning and Development
City Hall • 210 Main Street
Northampton, MA 01060 • (413) 586-6950
FAX (413) 586-3726
• Conservation Commission • Historical Commission
• Housing Partnership • Parking Commission
• Planning Board • Zoning Board of Appeals
DECISION OF
NORTHAMPTON PLANNING BOARD
APPLICANT: John J. Herlihy
ADDRESS: c/o Timothy Washburn, Esq.
8 Crafts Avenue
Northampton, MA 01060
OWNER: John J. Herlihy
ADDRESS: c/o Timothy Washburn, Esq.
8 Crafts Avenue
Northampton, NA 01060
RE LAND OR BUILDINGS IN NORTHAMPTON AT: Audubon Road, Leeds
MAP AND PARCEL NUMBERS: MAP 5 PARCEL 57-59
At a meeting conducted on May 22, 1997, the Northampton Planning
Board voted unanimously 6:0 to grant the request of John J.
Herlihy for a SPECIAL PERMIT WITH SITE PLAN APPROVAL under the
provisions of Section.6.13 in the Northampton Zoning Ordinance,
to create a flag lot (Lot 9) at property located at Audubon Road,
Leeds, also known as Assessor's Kap #5, Parcel #57-59, in
accordance with the following plan:
1. "Plan of Land in Northampton, Massachusetts Prepared
for John J. Herlihy," by Almer Huntley, Jr. &
Associates, Inc., dated February 28, 1997.
Planning Board Members present and voting were: Vice Chair
Daniel J. Yacuzzo, Jody Blatt, Paul Diemand, Nancy Duseau,
Kenneth Jodrie and Associate Member Sanford Weil, Jr.
In Granting the Special Permit, the Planning Board found:
A. The requested use for a flag lot protects adjoining premises
against seriously detrimental uses because flag lots are
allowed by Special Permit in Rural Residential (RR)
districts.
B. The requested use promotes the convenience and safety of
vehicular and pedestrian movement within the site and on
1
ORIGINAL PRINTED ON RECYCLED PAPER
10. Do any signs exist on the property? YES NO L
IF YES, describe size, type and location:
Are there any proposed changes to or additions of signs intended for the property? YES NO l/
IF YES, describe size, type and location:
11. Will the construction activity disturb (clearing, grading, excaati , or filling) over 1 acre or is it part of a common
plan of development that will disturb over 1 acre? YES NO
IF YES, then a Northampton Storm Water Management Permit from the DPW is required.
12. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION
This column reserved
for use by the Building
Department
13. Certification: I hereby certify that the information contained herein is rue and accurate to the best of
my knowledge.
Date: / Q / 0 0 K✓ Applicant's Signature
NOTE: Issuance of a zoning permit does not relieve 4a.n applicant's burden to comply with all zoning
requirements and obtain all required permits from the Board of Health, Conservation Commission,
Historic and Architectural Boards, Department of Public Works and other applicable permit granting
authorities.
W:\Documents\FORMS\original\Building-Inspector\Zoning-Permit-Application-passive.doc 8/4/2004
EXISTING
PROPOSED
REQUIRED BY
ZONING
Lot Size
Frontage
Setbacks Front
j
Side
L: R:
L: R:
L: 4V R:
Rear
Building Height
Building Square Footage
1
% Open Space: (lot area
uilding Etpaved
U
7-'�O/c5QS
50�6
parkingminus
# of Parking Spaces
# of Loading Docks
Fill:
-
(volume Ft location)
MA
13. Certification: I hereby certify that the information contained herein is rue and accurate to the best of
my knowledge.
Date: / Q / 0 0 K✓ Applicant's Signature
NOTE: Issuance of a zoning permit does not relieve 4a.n applicant's burden to comply with all zoning
requirements and obtain all required permits from the Board of Health, Conservation Commission,
Historic and Architectural Boards, Department of Public Works and other applicable permit granting
authorities.
W:\Documents\FORMS\original\Building-Inspector\Zoning-Permit-Application-passive.doc 8/4/2004
1. , Name of Applicant:
Address: 2 R —
2. Owner ofp-rdpertv:
Address
4
File No. Ml --J �lLlb
3r PERMIT APPLICATION (§10.2)
rant_ "all information and return this form to the Building
the $15 filing fee (check or money order) payable to the
City of Nort�qmpton
pov-
Cil -�:a L" °L \ rt Jt Telephone: 03 —S3 / qct LAl
4 1 nSr
e hone:
-v
3. Status of Applicant: Owner Contract Purchaser ✓ Lessee Other (explain
4. Job Location: �-crt- Ot A-vv-kys-loo-v� Qpak
Parcel Id:- Zoning Map# Parcel# District(s):
In Elm :Street District In Central Business District
(TO BE FILLED IN BY THE BUILDING DEPARTMENTL
5. Existing Use of Structure/ Property:
6
Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary):
7. Attached Plans: Sketch Plan Site Plan v Engineered/Surveyed Plans
(� CL*fa-�n pry Q; ek poc-Aw
8. Has a Special Permit/Variance/Finding ever been issuedfo� the site?
NO DONT KNOW YES IF YES, date issued:
IF YES: Was the permit recorded at the Registry of Deeds?�
NO DONT KNOW YES
IF YES: enter Book Page and/or Document # �.
9.Does the site contain a brook, body of water or wetlands? NO DONT KNOW YES
IF YES, has a permit been or need to be obtained from the Conservation Commission?
Needs to be obtained Obtained R, /date issued:
(Form Continues On Other Side)
W:\Documents\FORMS\original\Building-Inspector\Zoning-Permit-Application-passive.doc 8/4/2004
File # MP -2007-0045
APPLICANT/CONTACT PERSON GORMALLY JOHN J
ADDRESS/PHONE 38 SAN SOUCI DR (413) 537-4241 Q
PROPERTY LOCATION AUDUBON RD
MAP 05 PARCEL 059 001 ZONE_ RR
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
Building Permit Filled out
Fee Paid
T_ypeof Construction: ZPA - SFH
New Construction
Non Structural interior renovations
Addition to Existing
Accessory Structure
Building Plans Included:
Owner/ Statement or License
3 sets of Plans / Plot Plan
i
E
WING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON
ION PRESENTED:
d Additional permits required (see below)
PLANNING BOARD PERMIT REQUIRED UNDER: §
Intermediate Project : Site Plan AND/OR
Major Project: Site Plan AND/OR
ZONING BOARD PERMIT REQUIRED UNDER: §
Finding Special Permit
Special Permit with Site Plan
_Special Permit with Site Plan
Variance*
Received & Recorded at Registry of Deeds Proof Enclosed
Other Permits Required:
Curb Cut from DPW
Septic Approval Board of Health
Water Availability Sewer Availability
Permit from Conservation Commission
Permit from Elm Street Co ion
Signature of Building Official
Well Water Potability Board of Health
Permit from CB Architecture Committee
Date
Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning
requirements and obtain all required permits from Board of Health, Conservation Commission, Department
of public works and other applicable permit granting authorities.
* Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact the Office of
Planning & Development for more information.