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35-046 (5) Lipton said that the issue before the ZBA is whether the new structure will be more detrimental to the neighborhood than what was previously on the site. Fred Malow of 78 Turkey Hill Road said he was the abutter and wanted to be sure that this application's approval was for the same work which he had discussed with the applicants. He said he has no problems with the proposal, and showed the ZBA photographs of the site. Chairman Laband said he would like to put conditions on any approval that the applicant must remove the offending eaves by changing the pitch of the roof and move the side wall 12" away from the existing side line of the foundation. M. Sanford Weil, Jr. moved to close the Public Hearing. Elaine Reall seconded the motion which passed unanimously 3:0. Chairman Laband reviewed the criteria for granting a Finding. He said he was in favor of approving the requested Finding since he did not think that the changes proposed would be more detrimental to the neighborhood than what was previously on the site. Laband said the change would actually be less detrimental since the garage would be less intruding on the neighbors. Laband recommended that the following conditions be added to the Finding approval: 1. The roof and eaves which overhang the abutter's property shall be rotated to the front of the structure so it will no longer infringe upon the neighbor's property. 2 . The side wall of the garage that was constructed shall be moved 12" away from the side line of the existing foundation. 3 . The garage roof shall be rotated to pitch to the front and back of the garage in order to prevent water from draining onto the abutting property. Laband noted that since the garage is so close to the abutting property, there will be unavoidable trespass on the abutter's property during construction, and suggested that 4 . Any damage, to abutting property which occurs during construction work shall be repaired immediately, after work is completed. Elaine Reall moved to approve the requested Finding with the conditions as outlined above. M. Sanford Weil, Jr. seconded the motion which passed unanimously 3:0. ----------------------------------------------------------------- -5- ZBA Meeting Minutes - 2/15/95 Chair Laband opened the Public Hearing on the request of Elnise Pronowitz and Danielle Gueydan for a Finding under §9. 3 of the Zoning Ordinance to change a pre-existing, non-conforming structure by removing the eaves and right side wall of a garage at 965 Ryan Road. Present and sitting on the case were: Chairman Peter Laband, Members M. Sanford Weil, Jr. and Associate Member Elaine Reall. A Legal Notice of this public hearing was published in the Daily Hampshire Gazette on February 1, 1995 and February 8, 1995. Chair Laband said that the only correspondence received was from the DPW who had reviewed the application and expressed no concerns regarding the proposed change in use. Chair Laband reviewed procedures for conducting public hearings. Attorney Roger Lipton, 77 Pleasant Street, Northampton, was present on behalf of the applicants. Lipton said that the applicants were requesting a Finding to change a carport, which is no longer on the site, to a garage. Lipton said that the petitioners received a permit last June to demolish the existing carport and to construct a garage to replace the carport. The old carport was located on the same site as the garage and was a non-conforming structure because it did not meet side-yard setback requirements. The Building Inspector had told the applicants that they had the right to demolish the old carport and erect a garage in its place based on plans that were submitted to the Building Department, which showed that the existing building was not less than 4' from the property line and the new one would be built in the same location. After the garage was built, it was discovered that it was too close to the side-yard setback and the eaves overhang was onto the abutter's property. Also the right side wall of the garage was one foot from the abutter's property. The applicants plan to turn the roof I sstructure 90 degrees so that the eaves will be pitched to the front and back of the structure. The right wall of the garage will be moved back an additional 12" from it's current location. Due to the new information regarding the real location of the property line, the Building Inspector felt uncomfortable about allowing the permit unless a Finding was granted by the ZBA. The modification of that wall 12" away from the side lot line would not create a problem but the existing foundation would remain where it was built. Laband questioned how close the -foundation was -to the side lot line. Mr. Lipton referred the Board to the plan drawn by Harold Eaton which shows the old wall at .96 feet. The "as built" plan drawn by the surveyor LaBarge, showed the new wall at a distance of . 97 feet from the side lot line. Lipton said that a site plan had not been required for the building permit application and that is why there was a discrepancy in information submitted. The contractor had not submitted proper measurement and assumed the distance to be 4 ' instead of 11 . The applicant disputed with the contractor and ended with the agreement to move the wall back 1' away from the abutter's property to improve the aesthetic and drainage appearance of the property. -4- Pursuant to Massachusetts General Laws (MGL) ^hapter 40A, Section il, no Finding 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 a the certified decision of the City Clerk and record it at the Registry of Deeds. The Northampton Zoning Board of Appeals hereby certifies that a Finding 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 Law Chapter 40A, Section 15, notice is hereby given that this decision is filed with the Northampton City Clerk on the date below. If you wish to appeal this action, your appeal must be filed pursuant to MGL Chapter 40A Section 17, with the Hampshire County Superior Court and notice of this appeal filed with the City Clerk within twenty (20) days of the date this decision was filed with the City Clerk. Applicant: Elnise Pronowitz & Danielle Gueydan - 965 Ryan Road Decision Date: February 15, 1995 Decision Filed with the City Clerk on: March 1, 1995 Peter Laband, Chairman cc- Elaine Reall M. Sanford Weil, Jr. -3- i !, Conditions imposed with this Finding are as follows: 1. The roof and eaves which overhang the abutter's property shall be shortened, as proposed by the applicant, and shall be constructed so it will no longer infringe upon the neighbor's property. 2. The side wall of the garage shall be relocated to be a minimum of 12" away from the side line of the abutter's property, to the existing foundation. 3. The garage roof shall be rotated to pitch to the front and back of the garage and all efforts shall be made to prevent water from draining onto the abutting property. 4. Any damage to abutting property which occurs during construction work shall be repaired immediately, after work is completed. •M -2- City of Northampton, Massachusetts E 04`� pr0 Office of Planning and Development r City Hail • 210 Main Street Northampton, MA 01060 • (413) 586-6950 r FAX (413) 586-3726 • Community and Economic Development `s • Conservation •Historic Preservation •Planning Board •Zoning Board of Appeals m • Northampton Parking Commission DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICANT: ELLNISE D. PRONOWITZ & DANIELLE R. GUEYDAN ADDRESS: 965 RYAN ROAD, NORTHAMPTON, MA 01060 OWNER: ELLNISE D. PRONOWITZ & DANIELLE R. GUEYDAN ADDRESS: 965 RYAN ROAD, NORTHAMPTON, MA 01060 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 965 RYAN ROAD ASSESSOR'S MAP and PARCEL NUMBERS: MAP #35 PARCEL # 46 At a meeting conducted on February 15, 1995 the Northampton Zoning Board of Appeals unanimously voted 3: 0 to GRANT the request of ELLNISE D. PRONOWITZ & DANIELLE R. GUEYDAN for a FINDING under the provisions of Section 9.3, page 9-1 in the Northampton Zoning Ordinance to allow a change to a pre-existing, non-conforming structure at 965 Ryan Road. Zoning Board Members present and voting were: Chairman Peter Laband, Members M. Sanford Weil, Jr. and Elaine M. Reall. The Findings of the Board under Section 9.3 for a change to a Pre-existing non-conforming structure were as follows: 1. The Board found that the change in structure, moving the side wall 1' further away from the abutter's property line, will not be substantially more detrimental to the neighborhood than the existing non-conforming structure. 2 . The Board found that the change in structure will not create a new violation of the existing zoning requirements, and that the new structure will be less intrusive on the abutting property, because the direction of the roof's pitch shall be changed to drain water to the front and back of the structure, instead of to the side, and onto the abutter's property. ORIGINAL PRINTED ON RECYCLED PAPER