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ZONING CBOARD OF APPEALS
At its meeting on Wednesday, January 3, 1979, the Zoning
Board of Appeals for the City of Northampton voted to grant the
petition of Norman Paulsen for variances to construct eighteen
single-family homes on non-conforming lots on Crestview Drive, the
same being Lots 44,45, 46, 47, 48, 50, 51, 52,66,67,68,69,70,71,72,73 and
74, as shown on a plan recorded in Plan Book 77, Page 99, in the
Hampshire County Registry of Deeds.
Based upon evidence presented to the Board, the Board made
the following findings in regard to the variances:
1. The lots are unique and have special conditions affecting
them and no. others in the district in that they were origin-
ally conforming, being a part of a sub-division endorsed by
the Planning Board on June 24, 1971, and recorded at the
Registry of Deeds on the next day, are almost identical to
numerous others in the immediate area except that under the
present Zoning Ordinance they cannot be built upon, a circum-
stance affecting them only, and cannot be enlarged because
there is no available land on the northeast side of Crestview
Drive, and the abutting land on the southwest side, if avail-
able, would be at an unconscionable price.
2. Literal enforcement of the Zoning Ordinance would involve
substantial hardship to the petitioner as he applied for and
received building permits in good faith, has constructed
buildings and cannot sell without a variance.
3. The proposed use will not be detrimental to the public
good because the homes proposed for these parcels are in keep-
-: ing with others in the area, would not destroy the essential
character of the neighborhood, and are a suitable environment
for family life. Also, the Planning Board had previously ap-
proved the sub-division plan.
-: 4. The granting of a variance will not nullify or derogate
the intent of the Zoning Ordinance, since these lots conform
to the general layout of the area, must still meet the set-
back requirements of the present Ordinance, thus allowing
open space equal to that of existing homes in the area, and,
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1-18-79
I have read the attached Z.B.A. decision.
Cecil
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