24D-126 247 State Street ZBAZoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2010-0005Date: August 27, 2009
APPLICATION TYPE:SUBMISSION DATE:
Residential Finding8/4/2009
Applicant's Name:Owner's Name:
NAME: NAME:
SELLERS JOAN R & MARKSELLERS JOAN R & MARK
ADDRESS:ADDRESS:
247 STATE ST247 STATE ST
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
NORTHAMPTONMA01060NORTHAMPTONMA01060
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
247 STATE ST
URC(100)/
TOWN:ADDRESS:
ACTION TAKEN:
NORTHAMPT0N MA 01060
Approved w/ Conditions
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
24D126001
Chpt. 350- 9.3: Pre-existing Nonconforming
TOWN:STATE:ZIP CODE:
Structures or Uses May be Changed,
Book:Page:
Extended or Altered.
6152247
PHONE NO.:FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
Build second floor addition (APPROX 22 X24).
HARDSHIP:
CONDITION OF APPROVAL:
1)Construction access should be primarily from the south access if possible.
2). If street tree trimming is required in the public right-of-way, the applicant shall contact the DPW
street division for permission. Trimming shall only be done upon consultation with the tree warden
and at the applicant's expense.
3). Any disturbance to city right-of-way or property shall be restored to at least pre-construction
conditions.
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 the addition on the second floor of the existing single family house
related to the side yard setbacks were as follows:
1. The Administrator found that the change would not be substantially more detrimental to the neighborhood than the existing
nonconforming structure on the lot. The addition would extend to within 5.5' of the side lot line. The current non-conforming structure is
5.5' from the line at its closest point. No other setbacks are affected.
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 does
not involve a sign.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
7/28/20098/22/20099/10/2009
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
8/15/200910/8/20098/27/20099/10/20099/27/2009
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
8/13/20098/27/20098/27/20098/28/2009
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
8/20/20094:10 PM11/25/200911/25/2009
GeoTMS® 2009 Des Lauriers Municipal Solutions, Inc.
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2010-0005Date: August 27, 2009
MEMBERS PRESENT:VOTE:
Malcolm B.E. Smithvotes toGrant
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Malcolm B.E. Smith1Granted 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® 2009 Des Lauriers Municipal Solutions, Inc.