The URL can be used to link to this page

31B-151 77 Trumbull Road-ZBA FINDING 2-1-2011Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2011-0008Date: February 1, 2011 APPLICATION TYPE:SUBMISSION DATE: Residential Finding1/10/2011 Applicant's Name:Owner's Name: NAME: NAME: O'CONNOR COLLEENO'CONNOR COLLEEN ADDRESS:ADDRESS: PO Box 1444PO Box 1444 TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: NORTHAMPTONMA01061NORTHAMPTONMA01061 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (413) 519-5616 () (413) 519-5616 () EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 17 TRUMBULL RD URC(100)/ TOWN:ADDRESS: ACTION TAKEN: NORTHAMPT0N MA 01060 Grant MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 31B151001 Chapt. 350-9.3 (1) (D): Pre-existing TOWN:STATE:ZIP CODE: Nonconforming Structures or Uses May be Book:Page: Changed, Extended or Altered with a 1238406 PHONE NO.:FAX NO.: Finding from the Zoning Board of Appeals. EMAIL ADDRESS: NATURE OF PROPOSED WORK: REMOVE PITCHED ROOF SECTION, CONSTRUCT NEW PITCH & DECK HARDSHIP: CONDITION OF APPROVAL: FINDINGS: The designated Zoning Administrator granted the Finding based on the materials and graphics submitted with the application and additional plans submitted at the hearing. The Findings of the Board Administrator under Section 9.3 for reconstruction of the roof at the rear of the 4-unit related to the side yard setbacks as follows: 1. The Administrator found that the change would not be substantially more detrimental to the neighborhood than the existing nonconforming house. The house is approximately 6' from the side lot line and the 3rd floor addition would be approximately 8' from the side lot line over existing first floor footprint. 2. The Administrator found that the home would not extend any closer to any front, side, or rear property boundary than the current zoning allows and that the pre-existing structure already extends. 3. The Administrator also determined that the new construction would not create any new violation of other zoning provisions and is a minor addition compared to the remaining size of the structure. The new roof line would be lower than the primary roof line at the front of the structure; and does not involve a sign. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 12/28/20101/22/20112/10/2011 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 1/15/20113/16/20111/27/20112/10/20113/3/2011 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 1/13/20111/27/20111/27/20112/1/2011 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 1/20/20114:00 PM4/27/20114/27/2011 MEMBERS PRESENT:VOTE: David Bloombergvotes toGrant GeoTMS® 2011 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2011-0008Date: February 1, 2011 MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: David Bloomberg1Approved 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 Administrator 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. ___________________________________ The appeal period for residential findings granted by the Zoning Board of Appeals Zoning Administrator are thirty (30) days from the date of the decision. All appeals are heard by the full Zoning Board of Appeals. GeoTMS® 2011 Des Lauriers Municipal Solutions, Inc. Carolyn Misch From:Peter D. Ward [pdw@peterdward.com] Sent:Thursday, January 27, 2011 9:40 AM To:Carolyn Misch Cc:Aleta DeLisle Subject:Objection to proposed changes to building at 17 Trumbull From: To: Date: Subject: We the owners of 19 Trumbull wish to voice our concerns regarding the application for charges to the back side of the neighboring building at 17 Trumbull. Our concerns are three-fold: 1)Regarding the proposed addition of an overlooking porch on the back of the structure: Unlike typical backyard areas where the rear of a house faces the rear of the house behind it, the area in the rear of these buildings face the front yards of the houses behind them. This atypical arrangement has engendered a “courtyard neighborhood” where the addition of an overlooking porch in the back of 17 Trumbull invades the sense of privacy of the courtyard. Admittedly, on a day-to-day basis the balcony will impact our rear neighbors more than us, but we join them in their concern that the character of the area would be negatively impacted by this addition. 2)Regarding the proposed roof raising and additional outside walls: We are trying to preserve the stately sense of the houses in this area, whereas our belief is that this particular owner is willing to sacrifice neighborhood quality over maximizing the return on the building. Up until this proposal, all the houses in this courtyard neighborhood have been restored in keeping with the original character of the structures. We share the sense of the other neighbors that this proposed addition lends a “tenement feel” to the neighborhood. 3)We believe the applicant neighbor is proposing these changes in order to eventually have an additional space that can be rented out. We base this belief on statements one of the new condo owners in that building related to neighbors which indicated she was told that the applicant asserted a right to eventually rent the space that would be newly created. Our concern is heightened by the fact that this structure, originally a three family, was somehow against neighborhood wishes converted to a four family unit upon purchase by the current owners. We were aware that the prior owner had sometime prior illegally rented the attic as a flop space, but were surprised to find that the new owner has somehow used this fact to create four units on the first two floors, and is now seeking to further expand the livable space on the attic level. Moreover, we share the chagrin of the neighbors that these applicants did not give us the courtesy of notice of their intent to make this application, which we consider an un-neighborly case of purposeful omission on their part. Given these experiences with this developer/owner, we ask that any request for structural changes to this building be conditioned upon the strictest understanding of the restrictions on use. In sum, we request that you please decline to approve the present application pending a better weighing of the interests of the neighborhood. 1 City of Northampton Massachusetts DEPARTMENT OF BUILDING INSPECTIONS 212 Main Street Municipal Building Northampton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ity of Northampton Massachusetts DEPARTMENT OF BUILDING INSPECTIONS 212 Main Street Municipal Building Northampton, MA 01060 1MGLIPI7X4MIVVI 43&S\ 2SVXLEQTXSR1% 6I8VYQFYPP6SEH& 1EVGL (IEV -LEZIVIGIMZIHEGSQTPEMRXEFSYXYWISJXLIFYMPHMRKEX8VYQFYPP6SEH8LIGSQTPEMRX EPPIKIWXLEXXLIFYMPHMRKMWFIMRKYWIHEWEQYPXM SV JEQMP]H[IPPMRKMRZMSPEXMSRSJXLI2SVXLEQTXSR >SRMRK3VHMRERGI -LEZIFIKYRMRZIWXMKEXMRKXLMWGSQTPEMRX-LEZIIRGPSWIHEGST]SJXLIGSQTPEMRXQ]PIXXIVSJ VIWTSRWIERHSXLIVHSGYQIRXEXMSR-LEZIEWWIQFPIH -[MPPOIIT]SYMRJSVQIHSJXLIVIWYPXWSJQ]MRZIWXMKEXMSR4PIEWIJIIPJVIIXSGSRXEGXQIMJ]SY LEZIER]UYIWXMSRW 6IWTIGXJYPP] 0SYMW,EWFVSYGO &YMPHMRK'SQQMWWMSRIV 'MX]SJ2SVXLEQTXSR PLEWFVSYGO$GMX]RSVXLEQTXSRQEYW GG3JJMGISJ4PERRMRKERH(IZIPSTQIRX 'MX]7SPMGMXSV %XXSVRI])VMG0YGIRXMRM 8S[LSQMXQE]GSRGIVR ;IEVITVSTSWMRKXSVEMWIXLITMXGLIHWIGXMSRSJXLIVSSJMRXLIVIEVSJXLIFYMPHMRK;I [SYPHEPWSPMOIXSTYXEWQEPPHIGOSJXLIVIEVSJXLIFYMPHMRK8LIFYMPHMRKMWEJSYVYRMX FYMPHMRK -WTSOIXS'EVSP]RXSHE]ERHWLIWEMH[IGSYPHWYFQMXXLIFY]*VMHE].ERJSV GSRWMHIVEXMSR ;I[MPPHVSTSJJSYVTPERWJSVXLITVSNIGXXS'EVSP]R*VMHE].ER 7MRGIVIP] 'SPPIIR3'SRRSV 1MGLIPI7X4MIVVI