Loading...
35-074 motion. The motion passed unanimously 3:0. Weil read the requirements for granting a Variance as stated in the Variance Application. Weil stated that the application does not meet the condition of having a unique topographical situation because size does not qualify as a topographical condition. Also, the hardship condition was not met because the applicant knew the lot was not buildable when he purchased it. Weil indicated he did not feel a Variance was appropriate under the circumstances. Reall agreed that, although she sympathized with the applicant, he did not meet the legal standards for a Variance. Ghiselin concurred that the application did not meet the topography condition or the hardship criteria. The applicant should have known the lot could not be built on, he noted. He advised Miller that if his lawyer led him to believe otherwise, he might have valid recourse through title insurance to get his money back. A Variance would nullify the purpose of the zoning ordinance because it represents substantial relief, and the application requests more than a slight variation from zoning requirements. Ghiselin moved to deny the Variance for the reasons stated. Reall seconded the motion. The motion passed unanimously 3:0. Ghiselin moved to adjourn the meeting. Reall seconded the motion. The motion passed unanimously 3:0. The meeting was adjourned at 8:40 p.m. zoIoadsul 2uzpTTng oTTTIvd XuouluV ---- Not being able to build on the lot means a financial loss, Miller said. ---- Miller assumed the City's extension of sewer service to the lot implied that it was a buildable lot. Weil asked if anyone wished to speak in favor of the application. No one spoke. Weil asked if anyone wished to speak in opposition to the application. Robert Ansaldo of 854 Ryan Road said his property includes one hundred and fifty feet of frontage on Ryan Road which parallels the lot in question. Because of this configuration, a house as proposed would seemingly be in Ansaldo's front yard, thus devaluing his property and taking away his privacy. Construction on the lot would result in waste and water runoff to his property. Currently, the vacant lot provides privacy and also a venue for wild animals. People entering and exiting the lot from Ryan Road have limited vision of traffic. The property has been empty for thirty years and should have been offered for sale to Mr. Johnston, the purchaser of the home on its other side. Kenneth Stevens of 848 Ryan Road pointed out that a sewage line also goes to a swamp across the street. He said that he agreed with Ansaldo's statements. Jennifer Johnston of 876 Ryan Road expressed concern that heavy equipment necessary to clear the vacant lot would endanger her two small children. The wooded area provided by the lot currently absorbs noise from traffic, sustains wildlife, provides privacy, and is "just a beautiful area. " There is an old foundation on the lot, and Johnston wondered what equipment would be needed to remove it. She would love to have the lot to build a garage there someday, Johnston said. Kuzdeba reviewed Section 9.4 of the zoning ordinance, which outlines the criteria a lot must meet in order to be considered a pre-existing non-conforming lot. The lot does not meet the condition of having been in separate ownership, she said. In 1993, both the subject property and the lot adjacent to it were owned by Charles N. Miller. Under state law and the zoning ordinance, the lots should have been combined since one did not have sufficient area to qualify as a building lot. Weil asked Miller if he wished to respond to concerns. Miller said the lot is shown on the Assessors' Map and has been considered a lot by the City as long as anyone can remember. Accidents could be reduced by clearing the lot because opening the lot would improve visibility. Reall moved to close the public hearing. Ghiselin seconded the City of Northampton, Massachusetts �p�� lp� Office of Planning and Development s 3r City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 FAX (413) 586-3726 •Community and Economic Development • Conservation •Historic Preservation `s • Planning Board•Zoning Board of Appeals , • Northampton Parking Commission Miller - Request for a Variance Northampton Zoning Board of Appeals Minutes of Meeting May 1, 1996 The Zoning Board of Appeals held a meeting on Wednesday, May 1, 1996 at 7 : 00 p.m. in the Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, Massachusetts. Members Present: Chair M. Sanford Weil, Jr. , Alex Ghiselin, and Elaine Reall. Staff Present: Senior Planner Paulette Kuzdeba, Board Secretary Laura Krutzler. ` At 7: 00 p.m. , Chair M. Sanford Weil, Jr. opened the meeting. At 8: 15 p.m. , Weil opened the public hearing on a request of Charles N. Miller for a Variance to construct a single-family home on a lot that does not conform to zoning requirements under Section 6. 2 of the Northampton Zoning Ordinance, for property located at 864 Ryan Road, and known as Assessor's Map #35, Parcel #74. Weil read the legal notice advertising the public hearing. Charles N. Miller told Zoning Board members that he seeks permission to construct a single-family home on a vacant lot which does not meet zoning requirements. The lot is eighty feet wide and one hundred and fifty feet deep. Two other similar lots exist on the street. The lot is served by town sewer. The proposed house would conform to the character of other structures in the neighborhood and meet other setback requirements. Board members asked questions, eliciting the following information: ---- Miller has owned the lot for three or four years. He purchased the property from his father. ---- Miller acknowledged that he knew the lot did not have adequate frontage under current zoning requirements when he bought it. However, he said he understood it to be a pre-existing non-conforming lot. ORIGINAL PRINTED ON RECYCLED PAPER Pursuant to Massachusetts General Laws (MGL) , Chapter 40A, Section 11, no Variance, 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 the certified decision from the City Clerk and record it at the Registry of Deeds. The Northampton Zoning Board of Appeals hereby certifies that a Variance has been Denied 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 Laws, Chapter 40A, Section 15, notice is hereby given that this decision is filed with the Northampton City Clerk on the date below. If anyone wishes to appeal this action, an appeal must be filed pursuant to MGL Chapter 40A, Section 17, with the Hampshire County Superior Court or the Northampton District Court and notice of said appeal filed with the City Clerk within twenty days (20) of the date of that this decision was filed with the City Clerk. APPLICANT: Charles N. Miller 908 Ryan Road DECISION DATE: May 1, 1996 DECISION FILED WITH THE CITY CLERK: June 4, 1996 i s 2 . That a literal enforcement of the provisions of the Ordinance would not involve substantial financial hardship. Any financial hardship incurred would be self-created because the applicant knew when he purchased the land that the lot was not considered a building lot under existing zoning regulations. 3 . That desirable relief may not be granted without substantial detriment to the public good because the requested relief represents more than a slight variation from the requirements of the zoning ordinance. Furthermore, the granting of this variance would nullify the intent and purpose of the Ordinance. City of Northampton, Massachusetts E 419% Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 FAX (413) 586-3726 •Community and Economic Development $ • Conservation •Historic Preservation • Planning Board•Zoning Board of Appeals • Northampton Parking Commission DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICANT: CHARLES N. MILLER APPLICANT'S ADDRESS: 908 RYAN ROAD FLORENCE, MA 01060 OWNER: CHARLES N. MILLER OWNER'S ADDRESS: 908 RYAN ROAD FLORENCE, MA 01060 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 864 RYAN ROAD, FLORENCE ASSESSOR'S MAP and PARCEL NUMBERS: MAP #35 PARCEL #74 At a meeting conducted on May 1, 1996, the Northampton Zoning Board of Appeals unanimously voted 3 : 0 to deny the request of Charles N. Miller for a VARIANCE under the provisions of Section 6.2 in the Northampton Zoning Ordinance, to allow construction of a single-family home on a lot that does not meet minimum size and frontage requirements at 864 Ryan Road, Florence, MA. Zoning Board Members present and voting were: Chair M. Sanford Weil, Jr. , Alex Ghiselin, and Elaine Reall. In DENYING the request for a Variance, the Zoning Board of Appeals found: 1. That circumstances do not exist relating to the soil conditions, shape, or topography of such land which affect the property in question but do not generally affect the zoning district in which the site is located. ORIGINAL PRINTED ON RECYCLED PAPER