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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