23A-040 Appeal-ZBA Decision-2010Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2010-0020Date: November 8, 2010
APPLICATION TYPE:SUBMISSION DATE:
Appeal2/26/2010
Applicant's Name:Owner's Name:
NAME: NAME:
DAVID TEECESEAWINK LTD
ADDRESS:ADDRESS:
25 Bayberry Lane
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
FLORENCEMA01062NORTHAMPTONMA01060
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
(413) 584-4250 ()
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
52 MAPLE ST
GB(100)/
TOWN:ADDRESS:
ACTION TAKEN:
FLORENCE MA 01062
Approved w/ Conditions
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
23A040001
Chpt. 350- 4.11: Appeal Periods
TOWN:STATE:ZIP CODE:
Book:Page:
2882177
PHONE NO.:FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
Amendment of 2004 Appeals Decision.
HARDSHIP:
CONDITION OF APPROVAL:
1)Remove all dead growth and stumps from the buffer area.
2. Remove all 2"-3" Hawthorne Trees.
3.Enhance existing healthy trees by adding the following vegetation:
a. Add a total of 22 new Arborvitae, of 6’-8’ tall upon planting, within the buffer and including new
plantings that wrap around the corner of the parcel where 23A-4, 23A-42, 23A-40 meet.
i. 5 of these Arborvitae shall be planted on the interior side of the buffer between the existing trees
and the inside of the parcel where the parcel abuts 23A-43.
ii.Those Arborvitae along 23A-42 shall be planted along the fence line between the existing trees and
the abutter’s parcel of 23A-42.
b.Add 12 Rhododendron, 1 gallon upon planting, along the western property boundary that abuts 23A-
44.
4. All plants must be maintained in healthy condition so as to create a year-round screen as specified
in Chapter 350 §6.5 of the City of Northampton ordinances.
FINDINGS:
The Zoning Board granted the request to amend the original appeal decision regarding the type, amount and scale of planting in order to
accommodate changes in the site since 2004 and to address inconsistencies in a judgment ordered by the Court.
The Board granted the request for amendment with conditions after allowing the two opposing sides months of time to negotiate an
appropriate planting scheme to no avail. The Board found that a revised schedule as conditioned will meet the criteria in Chapter 350-6.5
for buffers between commercial and residential districts.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
2/23/20103/20/201011/11/2010
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
3/13/20105/2/201010/28/201011/11/201011/28/2010
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
3/11/20103/25/201010/28/201011/8/2010
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
3/18/20106/6/20106/6/2010
GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc.
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2010-0020Date: November 8, 2010
MEMBERS PRESENT:VOTE:
Elizabeth Silvervotes toGrant
Malcolm B.E. Smithvotes toGrant
David Bloombergvotes to
Sara Northrupvotes toGrant
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Sara NorthrupMalcolm B.E. Smith3Granted w/ Conditions
MINUTES OF MEETING:
Available in the Office of Planning & Development.
I, Carolyn Misch, as agent to the Zoning Board of Appeals, certify that this is a true and accurate decision made by the Zoning Board and
certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date 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 Zoning Board may be made by any person aggrieved and pursuant to MGL Chapt 40A, Section 17 as
amended, within (20) days [30 days for a residential Finding] after the date of the filing of this decision with the City Clerk. The date of
filing 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 Northampton.
GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc.