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ATTACHMENT TO APPLICATION FOR VARIANCE BY THOMAS E. &
KAREN S. ALEXANDER
9. Due to the topogra y
construction of thehdwofthe locus and the unusual
level and under the dwelling with the attached Positioning and
leadin g (havin a garage below ground
g into the garage) the g driveway down a steep grade
in the warm ' applicants have constant water problems
rm months and snow and ice build-up in the winter. Water
flows down the driveway and into the
rainstorm, This unique garage and cellar Burin
financial hardship circumstance causes us undue g every
a new and the only available remedy hysical and
attached garage at street y it to construct
being a distance of approximately with the outside east wall
lot line. pproximately 10,5 feet from out east neighbor's
August 24, 1984
1. a
�{ AUG 2 19�Q
pEP1.OF 6UILUING►NSPECi1QNS
jij-MAMPTON,MA.01060
5. Location of property should be indicated by street address; where the property is situated i.e. south J #
side of South Street; and with reference to the sheet numbers and parcel numbers as designated on
the assessors' taX maps.
Indicate the zone in which the property is located.
7. State,as concisely as possible the work you propose to undertake and/or your proposed use of the
property should your application be approved.
8. SITE PLAN/PLOT PL The applicant is required as part of this application to submit a site/plot
plan , AS NE O SCALE as possible showing the lot boundaries, dimensions of existing
andlor proposed buildings and the distances from said buildings to said lot boundaries and all in-
formation relevant to the consideration of the application. A copy of the site/plot plan should ac-
company each copy of the application required to be filed. When the applicant is required under
Section 10.11 of the Zoning Ordinance to file a site plan,a plot plan is not required.
9. Applicant should state sufficient reasons upon which the Board of Appeals can base a finding that
the applicant has met the requirements as set forth in either the General Laws of Massachusetts or
the Zoning Ordinance of the City of Northampton, Massachusetts. Applicant should review these
requirements prior to completing this item: (Attach additional sheets, if necessary)
10. Notice of the public hearing is required to be mailed, postage prepaid, to
all "parties in interest as defined in Massachusetts General Laws, Chapter
40A, Se :tion 11. "Parties in interest", as used in this chapter, shall mean
the petitioner, abutters, owners of land directly opposite on any public or
private street or way, and abutters to the abutters within three hundred feet
of the property line of the petitioner as they appear on the most recent app-
licable tax list, notwithstanding that the land of any such owner is located
in another city or town, the planning board of the city or town, and the
planning board of every abutting city or town."
11. Read and sign the application. If the applicant is a corporation, partnership, trust or other business
entity, a duly authorized officer should sign. An attorney or other duly authorized representative of
the applicant may sign on behalf of the applicant.
ADDITIONAL COPIES: In addition to the original application form eleven copies of the complete
application are required. It is the responsibility of the applicant to provide these copies.
FILING FEE: A filing fee of$75.00 for a variance, $50.00 for a special permit, plus $2.00 per abut-
ter listed, is required to be paid upon the filing of the application with the Building Inspector.
The applicant should be aware that if the application is approved, the Board of Appeals may, in its
discretion, and in addition to any applicable conditions specified in the zoning ordinances, impose
such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or
serve the purposes of the zoning ordinances. Such conditions will be imposed in writing and the
applicant may be further required to post bond or other security for compliance with said conditions
in an amount satisfactory to the Board.
FOR ADDITIONAL INFORMATION, CONTACT:
City of Northampton Building Inspector City of Northampton
Room 100,Municipal Office Building or Zoning Board of Appeals Office
212 Main Street Room 102, Municipal Office Building
Northampton, Massachusetts 01060 212 Main Street
Northampton, Massachusetts 01060
r • °w
_ p6y7 P?
APPLICATION TO THE CITY OF NORTHAMPTO 9
ZONING BOARD OF APPEALS INK
FOR VARIANCE OR SPECIAL PERMIT
This application folder includes an application form, addressed to the City of Northampton Zoning
Board of Appeals, requesting the granting of a VARIANCE or a SPECIAL PERMIT and information
intended to assist the applicant in properly completing the application.
The application must be completed using a typewriter or hand printed block-type letters. All numbered
items on the application must be completed. When completed and signed by the applicant, the application
should be submitted to the Building Inspector for filing. Even though received, the application will not be
considered "filed" with the Building Inspector until it has been-reviewed to insure proper completion.
A review of the application will be made within two business days from the date received by the Building
Inspector. The applicant will be notified of any additional information required.
Applicants seeking a VARIANCE should note that the Zoning Board of Appeals has the power to
authorize a variance from the terms of the applicable zoning ordinance where the Board determines that
the applicant has met all requirements set forth in Massachusetts General Laws, Chapter 40 A, Section 15.
Reference should be made to applicable Massachusetts Law and to Chapter 44 of the Revised Ordinances
of the City of Northampton, Massachusetts, 1959,as amended.
Applicants seeking a SPECIAL PERMIT should refer to the Table of Use Regulations contained in
Chapter 44 of the Revised Ordinances of the City of Northampton, Massachusetts, 1959, as amended,
which indicates uses which require special permits in particular zones. The general and specific condi-
tions which must be met to obtain a special permit are set forth in Section 10.9 (3)of the above referred to
Zoning Ordinances.
The Zoning Board of Appeals is required to hold a public hearing to consider the merits of each
application. A notice of the public hearing will be published in the appropriate newspaper and written
notice thereof given to those legally entitled thereto. A copy of the rules adopted by the Zoning Board of
Appeals for the conduct of its public hearing is filed in the Office of the City Clerk. The applicant should
familiarize himself with these rules prior to attending the public hearing.
THE BURDEN IS UPON THE APPLICANT TO PROVE THROUGH THE WRITTEN APPLICATION
AND ORAL PRESENTATION AT THE PUBLIC HEARING THAT ALL OF THE LEGAL REQUIREMENTS
CONTAINED IN THE APPLICABLE STATUTES AND ORDINANCES ABOVE REFERRED TO HAVE
BEEN SATISFIED. FAILURE TO SUSTAIN THIS BURDEN MAY PREVENT THE APPLICANT FROM
REAPPLYING FOR TWO YEARS.
APPLICATION INSTRUCTIONS
1. State name and address of applicant.
2. State name and address of the owner of property.
3. Indicate applicant's standing to apply.
4. Indicate whether this is an application for a variance or for a special permit. If you are making
application for both, use a separate form for each (only one fee will be required). You may apply for
more than one variance or more than one special permit on the same form. If other, so indicate and
explain.
f
DECISION OF
ZONING BOARD OF' APPEALS
1
At a meeting held on November 7, 1984, the Zoning Board of Appeals
of the City of Northampton voted unanimously to grant the variance request
of Thomas and Karen Alexander of 78 Snruce Hi11 Road, Northampton to
construct an attached garage/workshop to the easterly side of their home.
Present and voting were: Chairman Robert Buscher, William Brandt and
' Peter Laband.
Dr. Laband, referring to requirements for a variance found that
there is unusual and unique topography with the
peculiar driveway at such a i
I steep angle; that there is a hardship because the basement gets flooded
every time it rains; that this is a reasonable proposal without substantial
j! detriment to the public good and without derogating from the intent of the
Ordinance.
i
i Mr. Brandt found that the topography and structure are unique with
the severe pitch that forms a trough which leads to the basement and
�i causes flooding; that by not permitting the Alexanders to correct the
situation would cause hardship; that the intent of the Ordinance is to
ensure that distances between residences are at least 30 feet, and the
Alexanders will still be 35 feet from their abutter.
Mr. Buscher concurred, stating that relief is indicated for the
reasons given.
I The following condition will apply:
!t That the amount of fill will not exceed 500 c.y. , which would t
require additional permits.
Robert C. Buscher, Chairman
f�
William Brandt
Perer Laband
NN 3 01984 f
'DEPT.OF BUILDING JNSP EG'a 10;NS
ruosrFirre�PraN a�a._olar ww.,,.. .._
f
Assessor's Map
list of Abutters: Address Sheet No. Parcel
1William P & Virginia Lee Rohan 64Spruce Hill Ave 29 144 t�5 • •
2.Kenneth A & Elizabeth M Schneider 70 Spruce Hill Ave- 24 145
3 Cora E. Smart 86 Spruce Hill Ave. 2q
p
4 Francis M., Jr & Michele A Hennessy 104 Spruce Hill Ave `2ji eu
5 David E & Martha G Hentz 118 Spruce Hill Ave 29 232
6 Milton H & Eunice F Cole 126 Spruce Hill Ave. 29 233 _
7 Carroll S. Flynn 134 Spruce Hill Ave. 29 234
8 Raymond A., Sr. & Eva M. DuCharme 142 Spruce Hill Ave. 29 235
9 Rachael E. Keefe 87 Spruce Hill Ave. 22 11
10.Laurence D. & Vera 1. Wishnow 75 Spruce Hill Ave. 22 12
11I Phillip R. & Sophie E. Bell 50 Spruce Hill Ave. 22 26
12 Lena M. Carrier 341 Ryan Road 29 135
13 Francis E. Dugal 337 Ryan Road 29 136
14 David L. Svoboda 311 Ryan Road 29 137
15 Stanley J. & Sophie L. Pelis 309 Ryan Road 29 138
16 Ethelyn H. Wade & Elizabeth C. Collonan 305 Ryan Road 29 139
17 Charles J., Jr. & Laura Eberlein 7 Elm St., Hatfield, MA 29 153
(taken by the City of ort ampton
18.
19.
20.
21.
22.
(Eon Fli
23.
24. Al Ir'
25.
DEPT,Of BUILDING INSPLUIVIO
NORTHAMPTON, MA.01060
26.
27.
28.
29.
30.
(Attach additional sheets, if necessary)
' �Do Not Write In These Spaces "' (� Application Number:
1
' tmWa Filed Fee Pd. Rec'd. ZBA Map(s) Parcels)
Date Amt. Date By Date
,�l U1
2T
A ATI��E TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS:
DoE�PPOf
1. N2[mh THOMAS E. ALEXANDER & KAREN S. ALEXANDER
dress 78 Spruce Hill Avenue, Northampton,, MA
2. Owner of Property THOMAS E. ALEXANDER & KAREN S. ALEXANDER
Address (Same as above)
3. Applicant is: K]Owner; O Contract Purchaser; ❑Lessee; ❑Tenant in Possession.
4. Application is made for:
Se
M VARIANCE from the provisions of Below of the Zoning Ordinance of the
City of Northampton.
ARTICLE VI Page 62 URA Minimum Side Yard Setback of 15 feet
C3 SPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance
of the City of Northampton.
❑OTHER:
5. Location of Property Spruce Hill Avenue being situated on
the southerly side of Spruce Hill Avenue StreaX and shown on the Assessors' Maps,
Sheet No. 29 , Parcel(s 146 and 147
6. Zone URA
7. Description of proposed work and/or use; Construction of an attached garage/workshop
---Measuring approximately 28 feet x 23 feet to the easterly side of our existing
home. See proposed work plan attached hereto and made a part hereof)
8. (a) Sketch plan attached;XR Yes O No
(b) Site plan: flAttched 0Not Required
9. Set forth reasons upon which application is based:
10. Abutters (see instructions; list on reverse side of form).
12. 1 hereby certify that information contained herein is true to the best f my know dge.
Date Aumist 24 y 1984 Applicant's Signature �Z ��