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03-013 542 Coles Meadow Rd. ZoningCITY OF NORTHAMPTON SPEC PER AN PLA APPLICATION 1. PERMIT AUTHORM(IES): ZBA_ Planning Board_ Council_ 2. Applicant's Name: _b— L/9i��5 I� Address: Telephone: 3. Property owner: _ _ , 4. Status of Applicant:Owner_1/11' Contract Purchaser Lessee Other (explain) 5. Parcel Identification: Zoning Map # z_ Parcel_ Zoning District:% Street Address: <Vt - ' 1 - Ulecr l 5 c of - 6. Special Permit requested under Zoning Ordinance Section -., Pgt` - -_.,C. 7. Site Plan is for: Intermediate Projec Major Project_ 8. Narrative Description of the Proposed Project (Use additional sheets if � necessary _S V S IL 44 L [ irr> 9. How does project comply with Special Permit criteria: (See Applicant's Guide for criteria -use additional sheets is necessary) ihr i n/' 'ret 10. Site Plan, with any requests for waivers, must be attached. 11. Abutters List from Assessors' Office must be attached. e. (de111pb:sitep1an.pb 10)8)92) 12. 1 certify that I have read the SPECIAL PERMIT AND SITE PLAN CRITERIA and that the information contained herein is true and accurate to the best of my knowledge. I (or the landowner, if I am not the landowner) grant the Zoning Board and Planning Board permission to enter the property to review this .... ....:....... r � art �., City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586.6950 FAX(413)586 -3726 • Community and Economic Development . Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICANT: Dennis L. Funk APPLICANT'S ADDRESS: 545 Coles Meadow Road OWNER: Dennis L. Funk OWNER'S ADDRESS: 545 Coles Meadow Road RE LAND OR BUILDINGS IN NORTHAMPTON AT: 545 Coles Meadow Road MAP AND PARCEL NUMBERS: MAP: 3 PARCEL: 13 At a meeting conducted on January 19, 1994, the Northampton Zoning Board of Appeals (unanimously) voted 3:0 to Grant the request of Dennis L. Funk, for a SPECIAL PERMIT under the provisions of Section 14.3 (1) in the Northampton Zoning ordinance, to erect a storage building within the Watershed Protection District as defined in Section 14.1 of the Zoning Ordinance at 545 Coles Meadow Road. Zoning Board Members present and voting were: Chairman Peter L. LaBand, William Brandt, and Alternate Member: Alex Ghiselin. In Granting the Special Permit, the Zoning Board of Appeals found: 1. That the requested use is listed as requiring a Special Permit under Section 14.0 of the Zoning ordinance, in the district for which this application has been made. 2. The requested use bears a positive relationship to public convenience or welfare because the construction of a shed would allow additional storage space for equipment and machinery, removing it from the public view. 3. The requested use will not create undue traffic congestion or unduly impair pedestrian safety because the proposed work entails the construction of a storage shed at an existing homesite. The location of the shed will not be located within a public way or any sidewalk, which could impair pedestrian safety. ORIGINAL PRINTED ON RECYCLED PAPER ATTACHMENT A SPECIAL REGULATIONS OF ZONING ORDINANCE for: Watershed Protection District SPECIAL PERMIT at: 545 Coles Meadow Road In Granting the Special Permit, the Zoning Board of Appeals found that the requested use meets all special regulations set forth in the Zoning ordinance, specifically Section 14.5. In making this decision, the Zoning Board of Appeals found: 1. The plan and information submitted: * Does not show the elevation above mean sea level of the basement, first floor, ground elevation and the 100 year flood level, because the site is located outside of the 100 year flood elevation, as documented on the FLOOd Insurance Rate Maps (FIRM). That map shows the area to be located in Zone "C" - an area subject to little -to -no flooding. * Documents how the project complies with all of the criteria of Section 14.6 of the Zoning ordinance. 2. That the applicant did not submit certification from a registered professional engineer or architect that the building is designed, constructed and anchored to prevent flotation, collapse or lateral movement during flooding, or has provided documentation that the building will be wet flood proofed as per requirements of the state Building Code, because the property is not located within the 100 year flood zone, and is not required to comply. 3. That the applicant was not required to submit a site plan at the required scale of 1 " =40 because the entire project is for an accessory structure and is located outside of the 100 year floodplain. 4. That the applicant has submitted a statement that indicates what other permits or approvals are required or have been obtained from State and Federal Agencies. Specifically, no additional permits are required. 5. That the applicant has submitted data from the Federal Flood Insurance Maps and /or alternate sources in order to determine the base flood elevations of the site. ATTACHMENT B SPECIAL REGULATIONS OF ZONING ORDINANCE for: Watershed Protection District SPECIAL PERMIT for: 545 Coles Meadow Road In Granting the Special Permit, the Zoning Board of Appeals found that the requested use meets all special regulations set forth in the zoning Ordinance, specifically Section 14.6. In making this decision, the Zoning Board of Appeals found: 1. That the lot is not served by a public water system, that is designed to minimize or eliminate infiltration of flood waters into the system. The site is serviced by an existing private well, and the proposed construction will not be tied into the water service. 2. That the lot is not served by a public sewerage system, that is designed to minimize or eliminate infiltration of floodwaters into the system. The site is serviced by an existing septic system, and the proposed construction will not be tied into the septic service. 3. The lot is serviced by an existing on -lot septic system, and the construction as proposed will not affect the existing design because it is not to be connected to the present septic system. 4. That the applicant has demonstrated that the lowest floor elevation is not located below the 100 year flood elevation. 5. a. That the applicant has demonstrated that all utilities other than water and sewerage are proposed to be located and constructed to minimize or eliminate flood damage to because no connections are proposed within the 100 year flood zone. b. That the applicant has demonstrated that adequate methods have been proposed to be provided for the periodic disposal of sewerage, refuse and other wastes resulting from the uses permitted on the site because no disposal is proposed. That the applicant has not provided for adequate drainage so as to minimize flood damage because the site is not located within the 100 Year Flood Zone. -5- That the applicant has shown that the proposed development will not endanger health and safety, including safety of gas, electricity, fuel and other utilities from breaking, leaking, short circuiting, grounding, igniting or electrocuting because the site is not located within the 100 Year Flood Zone. That the applicant has shown that the proposed development will not endanger health and safety, including obstructing or diverting flood flow; substantially reduce the natural floodwater storage capacity; or increase stormwater runoff velocity so that water levels on other land are substantially raised or the danger of flooding increased, because no regrading and /or road construction is being proposed, and the site is located outside of the 100 Year Flood Zone. That the applicant has demonstrated that safe vehicular and pedestrian movement to, over and from the premises has been provided and that all roads and driveways have been proposed to be at or near grade to prevent unwarranted diking because no regrading and /or road construction is being proposed and the site is .located outside of the 100 Year Flood Zone. 6 In reviewing the site Plan, submitted with the Special Permit, the Planning Board: 1. Voted 7 -0 to Grant the waivers as requested by Dennis L. Funk (and listed below) since they believed that the applicant had met the criteria under Sections 10.10, and 14.5 of the Zoning ordinance. Waivers granted included: * Submittal of a Site Plan at the scale of 1^ =20 instead of the required scale of 1" -40 Information waived from inclusion on the Site Plan: * The name and address of the owner and developer, the name of the project, date and scale of plans; * Location and boundaries of the lot, adjacent streets or ways, location of owners names of all adjacent properties and those within 300 feet of the property line, and all zoning district boundaries; * Submittal of building elevations; * Existing and proposed topography at two foot contour intervals, showing wetlands, streams, surface water bodies, drainage swales, floodplains and unique natural land features; * Location and description of all stormwater drainage facilities; * Existing and proposed landscaping, trees and plantings, stone walls, buffers and fencing; * Location, dimensions, height, color, illumination of existing and proposed signs; * Provisions for refuse removal, with facilities for ..screening of refuse when appropriate; * An erosion control plan and other measures taken to protect natural resources and water supplies. 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 Land 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 Zoning Board of Appeals hereby certifies that a special Permit 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 or the Northampton District 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: Funk - 545 Coles Meadow Road DECISION DATE: January 19, 1994 DECISION FILED WITH THE CITY CLERK: FekuoAy 1, 1994 U Peter Laband W n — emu R. I uc Atex GhiAeti.n -z- The requested use will not overload any public water, drainage or sewer system, or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the City will be unduly subjected to hazards affecting health safety or the general welfare, because the construction of a shed will not entail any hookup to municipal services. The additional storage space for equipment and machinery, will removing it from the view and possible interaction with the public. The requested use meets all special regulations set forth in the Zoning ordinance, specifically Sections 14.5, and 14.6. See "Attachment A" and "Attachment B", for criteria. The requested use will not unduly impair the integrity of character of the district or adjoining zones, will not be detrimental to the health, morals, or general welfare and the use is in harmony with the general purpose and intent of the ordinance because a shed is unobtrusive, and many residences currently have them. Additionally, the proposed shed will not have an impact on health, morals or general welfare of the community, since it will be used for domestic storage. conditions imposed upon the project are as follows: The size of the building/ structure shall not be increased beyond nine feet by eleven feet (9'x11'), as proposed and approved.