38C-056 and 38C-057 South Streeet-ZBA Finding 2-10-2012Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2012-0018Date: February 10, 2012
APPLICATION TYPE:SUBMISSION DATE:
Residential Finding2/10/2012
Applicant's Name:Owner's Name:
NAME: NAME:
Peter Olsen, IIIDOUBLE DUCK LLC
ADDRESS:ADDRESS:
6 Gregory Lane384 SOUTH ST
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
NORTHAMPTONMA01060NORTHAMPTONMA01060
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
(413) 584-3792
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
SOUTH ST
URB(100)/
TOWN:ADDRESS:
ACTION TAKEN:
NORTHAMPT0N MA 01060
Approved w/ Conditions
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
38C057001
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
777975
PHONE NO.:FAX NO.:
Finding from the Zoning Board of Appeals.
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
Construct new single family home
HARDSHIP:
CONDITION OF APPROVAL:
1)Runoff may not be directed to abutting lots.
2). Curbing must be installed for the entire frontage except for a maximum 15' wide opening for a
residential driveway. All curbing must be installed in accordance with the DPW standards and must
match what is on South Street.
FINDINGS:
The designated Zoning Administrator granted the Finding based on the materials and graphics submitted with the application.
The Findings of the Board Administrator under Section 9.3 for construction of a new house on a pre-existing non-conforming lot with a
non-conforming use were as follows:
1. The Administrator found that the change would not be substantially more detrimental to the neighborhood than the existing
nonconforming use and lot. The proposed single family house would bring the lot's use into compliance by eliminating a non-conforming
commercial use. The lot would come into full compliance with respect to open space and setbacks. The existing non-conforming
frontage and lot area would remain the same and is comparable to the single family house lots that abut this lot.
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.
3. The Administrator also determined that the new construction would not create any new violation of other zoning provisions; and does
not involve a sign.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
1/10/20122/4/20122/23/2012
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
1/28/20124/15/20122/9/20122/23/20123/11/2012
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
1/26/20122/9/20122/9/20122/10/2012
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
2/2/20124:05 PM5/9/20125/9/2012
MEMBERS PRESENT:VOTE:
GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc.
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2012-0018Date: February 10, 2012
Elizabeth Silvervotes toGrant
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Elizabeth Silver1Granted 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
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® 2012 Des Lauriers Municipal Solutions, Inc.
Carolyn Misch
From:David Narkewicz <dnarkewicz@gmail.com>
Sent:Thursday, February 09, 2012 3:33 PM
To:Carolyn Misch
Subject:Finding Application for non-conforming South Street lot
Dear ZBA/Zoning Administrator,
We are writing in support of an application for a finding to construct a single family home on the parking lot
located between 374 and 388 South Street. We are direct abutters to the lot in question and our back yard will
abut the future back yard of the proposed single family home.
Development of this former commercial parking lot into a single family home will return the property to it's
underlying use in URB, convert asphalt to green space, and is consistent with our community's goals for
sustainable infill development. In short, this project will be beneficial to the neighborhood.
We also appreciate the outreach and communication from the applicants to us and other neighbors. Our only
request -- which we've communicated to the applicant -- is that special attention be paid to avoiding potential
water issues associated with our neighborhood's clay soil and high water table.
Once again, we support this project and the associated application for a finding. Please let us know if you have
any questions or need additional information.
Sincerely,
David Narkewicz and Yelena Mikich
31 South Park Terrace
Northampton, MA 01060
(413) 586-7230
1