36_-089_letterAA Maple Ridge- decision of planning boardDECISION OF
NORTHAMPTON PLANNING BOARD
At a meeting held on October 8, 1987, the Planning Board of
the City of Northampton voted unanimously to grant the request)
of Christensen -Howard, Inc., 76 King Street, Northampton, MA,I
for a Special Permit under the provisions of Section 6.12, Pagett
6.10 of the Zoning Ordinance of the City o Northampton for the
purpose of constructing a common driveway for access to Lots 7,
19 and 20 (of the approved Maple Ridge Definitive Subdivision
Plan) from other than the frontage at property located on Maplej
Ridge Road (more particularly identified as Parcels 89 and 901
of Sheet 36 of the Northampton
ldAssessors'
rM8ps), NoinhCounci,�
MA. Public Hearing was he 212 Main
Chambers, Wallace J. Puchalski Municipal Building,
Street, Northampton, MA under the provisions of Chapter 40A,'
MGL.
The findings were as follows:
A. The use requested is listed in the Zoning Ordinance as a
special permit in the district for which application is made.
B. The requested use bears a positive relationship to the,
public convenience or welfare.
C.. The requested use will not create undue traffic,
congestion or unduly impair pedestrian safety.
D. The requested use will not overload any public water,
drainage or sewer system or any other municipal system to such;
i. an extent that the requested use or any developed use in the;
;i immediate area or in any other area of the City will be unduly!
subjected to hazards affecting health, safety, or the general
welfare.
E. Any special regulations set forth under Article XI are
not applicable. I
F. The requested 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
! is in harmony with the general purpose and intent of the
Ordinance.
The following conditions shall apply:
1. Easements shall be placed on the deeds to Lots 7, 19 and
20 granting access to the subject parcels.
2. All utilities to service Lot J7 shall be placed within
the common driveway easement and appropriate utility easements
shall be placed on the deeds to the properties.
Northampton Planning Board
Decision - Christensen/Howard
October 8, 1987
3. Restrictions shall be placed on the deeds to the subject
lots: a. Prohibiting any additional vehicular access to said
lots from other than the common driveway approved by this
Special Permit. b. Stating that said driveway is a private
driveway and is not a City way. The maintenance, operation and
repair, reconstruction including snow plowing and snow/ice
removal is the responsibility and liability of the property
owners.
All such deed easements
to and approved by the
their recording.
1
and restrictions must be submitted
Northampton Planning Board prior to
r
Northampton Planning Board
October 8, 1987 - Page 3
in fee and after a suggestion that the Planning Board
accompanying a regulation to the Rules that would
should consider adding
r repeated Preliminary submissions,
address setting a fee fod voted unanimously to disapprove the
seconded an
was moved, plans entitled "Parsons Woods" for
Preliminary Subdivision P
technical G. nliis emphasized
preference
roposed roadwaYtobealgnedtowardsWestwoodTerrace
for the
and noted that the Regulations require at least one sidewalk.
Public Hearin - Christensen -Howard Inc./Special Permit Request
and read the
The Chairman opened the
hearing
the Daily Hampshire Gazette.
public notice as it appeared na Special Permit under the
Christensen -Howard, Inc. is rPages6.10 of the Zoning Ordinance of
provisions of Section 6.12,
the City of Northampton for the purpose of constructing a common
driveway for access to Lots #7, 19 and 20 from other than the
frontage at property located on Maple Ridge Road (more
N
oris 89 thamptonndMA� of Sheet 36 of the
particularly identified as Pa
Northampton Assessors Maps),
The Chairman called on proponents.
G. Andrikidis stated that due to been necessarysoil for aonumbe�nof adjacent
s in Maple
Ridge Subdivision, it has He stated that Lot #7 is an
lots to share a common driveway.
exceptionally deep lot witha
very
hazardous steelic p slope,youtosoMthat
the usual accessibility would P has been physically
Ridge Road. He felt that as the driitwshould be extended to
constructed for Lots # 19and ested #that if the Board approves the
shou
serve Lot #7• s suggested
be contingent upon the presentation of
Special Permit, it that
sufficient documentation showing
swi�9 19sandn20 awareethat cthey sshare
would make the owners of L # ranting of this
one common driveway. He also noted that the g ermit from the
Special Permit would
preclude
that ananother
drivewnalcondition be placed
DPW. L. Smith suggested
that would not permit access from the frontage.
Mark Dolphin, representing Christensen -Howard, agreed
with Mr. Andrikidis' assessment of the situation.
to a statement made by L. Smith regarding
Responding Mr.
consecutive numbering of these lots for street addresses,b r.
en
Andrikidis stated edathatthe
thehouse
Board sendnumbers
letter toalready
the City
assigned and suggest
Engineer expressing their concerns.
The Chairman called on opponents. There were none. The
Chairman called for general discussion.
Northampton Planning Board
October 8, 1987 - Page 4
A
MJ Adams expressed concerns with setting a preceet
n
regarding subdivision lot accessibility. L. Smith noted that
when the Definitive Plan was approved by the Planning Board, it
was with the knowledge that this particular situation would have
to be addressed at some point in the future.
It was moved, seconded and voted unanimously to close the
public hearing.
ZBA Cases
James Zawadzki, applying for a Finding for the purpose of
erecting a canopy over an existing gas pump service island,
which is nonconforming in its front setback measurement at
property located at 8 Main Street, Florence, MA.
Att.Timothy W. Washburn, representing Mr. Zawadzki, stated
that his client owns and operates the Citgo station in Florence
and described an existing pump island situated on the center of a
large concrete pad, which was defined by the Building Department
as a "structure". This island is situated within 10' of the
front lot line in a zone that requires a 35' setback, and is,
therefore, a nonconforming structure that requires a Finding for
any alteration.
Att. Washburn described the
the same dimensions and stated
and no lighting in the fascia.
proposed canopy which would have
that there is no signage planned
John Gare, Site Inspector, stated that the requested
extension would not be more detrimental than the existing
structure.
It was moved, seconded and voted unanimously to recommend
approval of the Finding request.
Taco Bell, applying for a Variance for the purpose of
erecting a pole sign which would violate height and setback
requirements at property located at 241-243 King Street,
Northampton, MA.
Chuck Dee, General Manager of the King Street Taco Bell,
represented the Taco Bell Company, and stated that as a result of
the planned reconstruction of King Street; 15 parking spaces and
two entrances will be lost on the property that Taco Bell leases
and shares with the Potpourri Mall; there will be no entrance to
the restaurant off of the southbound lane; and the current sign
must be removed. He stated that a sign that is high enough to
attract and entice customers is necessary ,when considering the
projected 20-40% loss of business because of the construction.
Do plot, Write In These.- cer Applicatio 'umber
ed Filed Fee Pd. Recd. ZBA
#k
' AR,PLICAT'If7f
Map(s) Parcel (s)
SRec d.
gy
Date, By
ate Date A��m�AJI � �aD(ate ' Q By Dale
�' U �I 0
V
ADE TO THE CITY OF NORTHAMPTON)EK"Nf? BOARD I U
PLANNING
"17'
.7 Name of Applicant Christensen -Howard Inc., Agent
Address 76 King Street, Northampton, MA 01060
Owner of Property Christensen, Wi]_1_ am Iaznes--aud u��r�, Mi 1 rnn R _
Address 76 King Street -
3. Applicant is: XOwner; `]Contract Purchaser; ❑Lessee; ❑Tenant in Possession.
4. Application is made for:
-1 VARIANCE from the provisions of Section -page -of the Zoning Ordinance of the
City of Northampton.
X11SPECIAL PERMIT under the provisions of Section 6 • 12 page -6. -.1 Oof the Zoning Ordinance
of the City of Northampton.
[-,OTHER:
5. Location of Property Mnpl e Ridge Road , being situated on
the side of Street; and shown on the Assessors' Maps,
Sheet No. '36 Parcel (s) 89 90
S
6. Zone R
7. Description of proposed work and/or use; Declaration of easement and maintenance
association See attached
8. (a) Sketch plan attached; El Yes El No
(b) Site plan: iiAttched ® Not Required
9. Set forth reasons upon which application is based: To build a common driveway for
Tors 7, 19, and 20
10. Abuttk&rs (see instructions; list on reverse side of form).
12. 1 hereby certify that information contained herein is true to the best of my knowledge.
ol
8/18/87 '�
Date Applicant's Signatu e
Mi. ton . Howard, Pres.
Christensen•Howard Inc.
11. List of Abutters: Address Sheet No
1 Lotsk,7, 8, 9, 18, 19, 20, and 21 all owned by 36
Milton B. Howard ad W. James Christensen
2.
Parcel
20 9n
Antoinette Wanczyk, 57 Bay Road, Hadley, MA..
3.
4. William H and Patricia McLoughlin, 705 Florence Rd., Northampton
5.
Paul J. and Linda M. DiDonna, 697 Florence Rd., Northampton 6. -
Gerard A. and Marie T. L'Haneux, 687 Florence Rd., Northampton
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.25.
ki
R �Y
PW
27.
28.
29.
30.
(Attach additional sheets, if necessary)
P INOP
New "no'
DECLARATION of land conveyed to Milton B. Howard and William James
Christensen by several deeds. For further reference, see deed of Heidi L.
Hallett dated December 23, 1985, and recorded in the Hampshire Registry of
Deeds in Book 2664, Page 311, deed of John P. Regish dated July 11, 1985,
and recorded in the said Registry in Book 2587, Page 345; deed of the
Estate of Helen A. Pettyjohn dated July 1, 1987, and recorded in the said
Registry in Book 3012, Page 122; and deed of Roger Poulin dated April 20,
1984, and recorded in the said Registry in Book 2445, Page 215:
DECLARATION OF EASEMENT MAINTENANCE ASSOCIATION
Now come Milton B. Howard and William James Christensen (hereinafter
"Declarant"), and hereby make the following declaration imposing the
restrictions of an Easement Maintenance Association on each owner of Lots
71 19, and 20, as shown on a plan of land designated "Maple Ridge"
prepared for Christensen -Howard, Inc., by Pharmer Engineering, Inc., and
the Berkshire Design Group, dated June 26, 1986, final revisions dated
June 10, 19871, and recorded in the Hampshire County Registry of Deeds in
Plan Book 147, Page 23. Said Easement Maintenance Association shall run
with the land and subject the owner of each of the three lots above
described to the requirements thereof:
1. Each owner of said lots 7, 19, and 20, their heirs, successors,
and assigns shall be responsible for sustaining, repairing, and
maintaining a common driveway which is located on an easement which i:;
bounded and described more particularly as being a strip of land which i::
forty feet in width measured from the north side to the south side and
which has a centerline which is Eight: Hundred Thirty -One and Four
Hundredths (831.04) feet in length measured from east to the west. Said
centerline being also the boundary line which separates Lot 19 from Lot 20
as they are shown on the above said plan. Said common drive to be
installed, maintained and repaired at all times so as to be in a good and
passable condition, including without limitation, graveling, snow removal
and grading.
2. The owners, their heirs, successors, and assigns of each of thc-
said lots shall be responsible to contribute and pay one-third of the coat
of the installation, maintenance, and repair of the above :said common
drive.
If any property owner has work done which necessitates digging up
the common driveway for the benefit of said owner and to the exclusion of
one or more of the other lot owners, then said property owner shall be
responsible for returning the driveway to its original condition and
paying for the cost thereof.
3. While the Declarant is the owner of record of one of the three
lots, it shall be responsible for the administration of the maintenance
function and thereafter the lot owners shall collectively choose one or
more individual lot owners as the administrator or administrators of this
nrf
W7
r
1w4w
function.
4. The payment of the driveway maintenance cost, in accordance with
the terms hereof, shall be made by each lot owner within fifteen (15) days
of receiving written notice of the cost of same from the
administrator(s). Any such bill or bills can be rendered to the owners of
the lots which are subject to this restriction as often as may be
required, it being the understanding that the billing for maintenance
costs can be rendered monthly, quarterly, or semi-annually in the :sole
judgment of the administrator or administrators.
5. Nonforfeiture. Failure of any party to abide by this Agreement
shall not act to forfeit the Driveway Easement, but shall give rise to a
debt. In the event of legal action between the parties concerning the
Driveway Easement, this Agreement or obligations arising under it, the
prevailing party shall recover, as part of the damages, all costs of
collection, including reasonable attorney's fees.
6. Expiration. This agreement shall survive as long as the Driveway
Easement exists.
7. Modification. This Agreement may be modified by agreement of all
parties owning all or part of Lots 7, 19 and 20; such Agreement to be in
writing, recorded in the Hampshire County Registry of Deeds.
8. Each lot owner, their heirs, administrators, executors, assigns,
and successor in interest acknowledge that, by the acceptance of a deed to
any of the lots that are subject to this restriction, they shall be bound
by the terms hereof in order to insure the continued installation,
maintenance, and repair of the easement.
In witness whereof, Milton B. Howard and Willi arra Jame- Citis , n -:r -n 11,9.3caused the'r hands and seals to be affixed hereto this ln�n v
day of kX4 1987.
Commonwealth of Massachusetts
Hampshire, ss.
MILTO B. HOWARD
WI IA JAMES CHRISTENSEN
Date: �1 /_. /y'kZ_
Now come Milton B. Howard and William James Christensen and
acknowledge the foregoing to be their free act and deed before me
7-17
90. ^
Notary Public
My commission expires:
4
rn
Together with an easement to install, maintain, repair and to pass and
repass over a driveway which is to be located on Lots 19 and 20 as those
Lots are shown on the above described Plan. The Grantee herein shall be
entitled to use said driveway for all uses and purposes to which
residential driveways are normally put.
The above driveway easement is to be bounded and described more
particularly as being a strip of land which is forty feet in width
measured from the North to the South and which has a centerline which is
831.09+/- feet in length measured from the East to the West. Said center
line being also the boundary line which separates Lot 19 from Lot 20, as
they are shown on the above Plan.
The above driveway easement is conveyed subject to a certain
Declaration of Easement Maintenance Association, dated
and recorded in the Hampshire County Registry of Deeds,
Book Page which Agreement is incorporated herein by
reference.
AUG "' 1987