10B-032 42 grove ave zoningUECI0IUN OF THE
ZON ING HOArW Ur' AYYt;AL:)
At its meeting; on Wednesday, February 21, 1')7'), the Zoning
Board of Appeals for the City of Northampton voted to grant the
petition of Donald and Karen Jud for a variance to sub— divide a
parcel of land, creating a buildin,� lot lackin,; sufficient depth
and to allow such lot to be built upon.
Based upon evidence presented to the board, the Board made the
following findings in regard to the variance:
1. The property in its present form.is unique and has problem3
affecting it and no other in the zonin; Ui::trict in that it
far exceeds the area and frontage requirements for an U''A Zone,
but lacks the proper depth by 1� feet at one end and 22 feet E
on the other, and haf� a sudden drop toward: the rear.
2. Literal enforcement of the Zoning Ordinance would involve
substantial hardship to the owner in that it would deny him
the highest and best u: e of a parcel which in all respects,
save that of depth, qualifies as a building lot for a single
family home.
3
3. The proposed use will not be detrimental to the public good
nor will it nullify or derogate the intent of the Zoning Ordi
nance, as single family homes are on lots comparable in size,
the use is appropriate and allows petitioners a fair and rea—
sonable use of their land, and will not perceptibly increase
the density of the area.
• i
(."11ARU6 W. DRAGON CHAIt=
/ I
CA P ERS t
�e
FRA MIE ASS OCI=
NORTHAMPTON JOARD OF APPEALS
Decision on — Application of
Donald and Karen Judge
February 21, 1979
The Board of Appeals met in the Hearing Room, City Hall, on
February 21, 1979, to decide on the application of Donald and Karen
Judge for a variance to subdivide a parcel of land on Grove Avenue,
Leeds. The meeting was called to order at 7:20 PM by the Chairman,
Charles W. Dragon.
The minutes of the public hearing on the matter, held on
:February 14, were read and approved unanimously.
A motion was made and seconded to proceed with the vote.
Mr. Capers found that the lot in question is unique in its size,
,shape, and topography. It is rectangular in shape, has over 300 feet
of frontage, and contains over 30,000 square feet, 10,000 more than
- the zoning ordinance requirement in this URA zone. The lot has a
,sudden drop toward the rear. Considering the fact that the lot lacks
only 1h feet on one side, and 22 feet on the other, denial of the
variance would create a hardship for the appellant. Desirable relief
could be granted without nullifying the intent of the ordinance because
- this would encourage an appropriate use of the land.
Mrs. Meunier found that the si,ge of the lot makes it unique. It
is actually larger than that specified in the zoning ordinance, even
though it lacks the necessary depth. Since the lot is adequate to
:sustain a single family home, a literal enforcement of the zoning
ordinance would involve a financial hardship to the petitioner. Most
of the neighboring homes are situated on lots comparable in size to
the parcel in question, and the proposed home would be in keeping
with other homes in this area.
Mr. Dragon found that owing to circumstances relating to the
:shape of the land and the structure thereon, and especially affecting
such land and structure, but not affecting generally the zoning dis-
trict in which it is located, a literal enforcement of the provisions
of the zoning ordinance would involve substantial hardship to the
petitioner because the subject parcel can meet or exceed all dimen-
sional requirements except the lot depth. Desirable relief may be
granted without substantial detriment to the public good in that the
density of use will not be greater than that of other lots in the
immediate.area. Finally, there will be no nullification of the zoning
ordinance because the proposal, namely, a single family home in a
district zoned for such purpose, would allow the petitioner a fair
and reasonable use of his land.
Based on the above findings, the Board voted unanimously to
grant the variance.
The meeting was adjourned at 7:30 PM. Present and voting were
Charles W. Dragon, Chairman, and Raymond Capers and Frances Meunier,
Associates. Also present were Mr. and Mrs. Judge, and Clare Fennessey,
Clerk.
Charles W. ragon
Chairman
1 1101,
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Application Number:
�°• _ ,__� �:�,.a ��o o� RPC'ri 7RA Parcel(s)
Mao(s)
O
e
y
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0 1 By
pate
x
Date
Amt.
119 DV/
Date .,
/a
BY
Dat
1 7j
+
1. Name of
Address
2. Owner of Property
Address ' �.� �z �F .LEA •)s, /J7.�
3. Applicant is: I5Owner; ❑Contract Purchaser; ❑Lessee; ❑Tenant in Possession.
4. Application is made for:
VARIANCE from the provisions of Section �— page 6c�— - of the Zoning Ordinance of the
City of Northampton. f Aca 3
❑SPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance
of the City of Northampton.
❑OTHER:
5. Location of Property 442 6�4'0&- , I�7 - , being situated on
the side of Street; and shown on the Assessors' Maps,
Sheet No. /e i3 , Parcel(s)
6. Zone 11
7. Description of proposed work and /or use;
8. (a) Sketch plan attached; EA Yes ❑No
(b) Site plan: ❑ Attched ❑ Not Required
10. Abutters (see instructions; list on reverse side of form).
12. 1 hereby certify that information contained herein is true to the best of my knowledge.
Date ,/ "",�� —,� 9 A pplicant's Signature e auL4
D EB. MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS:
9. Set forth reasons upon which application is based:
I
11. Lis of Abutters: Addr ss
Assessor's Map
Sheet No.
4 1. �cJ� /- t u >Ct �,,,� - r
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10-6
Parcel
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(Attach additional sheets, if necessary) r..►
THE COMMONWEALTH OF MASSACHUSETTS
. ntoll
CITY OR TOWN
BOARD OF APPEALS
--- •-- ...... 1--,ri 1 2 19 79
------ •- •----- ••- •------- - -----
NOTICE OF VARIANCE
Conditional or Limited Variance or Special Permit
(General Laws Chapter 40A, Section 18 as amended)
Notice is hereby given that a Conditional or Limited Variance or Sprcial Permit has been granted
.1 J
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Owner or Petitioner
E: ?car Llt t l.4. >k_1. t>>cL
14. cr - - -- -- -- - -- •------ •-- -- - - - -- - -- - --
City or Town-- - - - - -- : ort --1 ' l 21 m.e.rlce)
T.
,. 1ud n,.�l Grove >v�uue 1,cc�c1_�
. - -- I - --
----- - - - - -- -------------
idonufy ],an(] Affec•ti•d
-- -- --
City
I') the. '1o - of ------------- ,, �� - „ ,., }nLr..i� -• - - -_ - -- -- ....Board of Appeals affecting the
ri -Ods of the mmer with respect to the list, of premises Off
C1: c,vc 1vr�rtltc� ,
-- - - - - - - - -- T,e f cl:>
streot CU3 or Torn
1114. rr'ord title standing in the came of
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1 ,,1 r ,, c _,i tr,1 t }..,: nn �t'1 ran r
to loge address is f r 1 -
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Street Cil, . r Tewn stale
;Y it deed duly recorded ill the - - -- - - -- -- Cuuniy llc;isiry of 1)ccdz in Book
.... ...... l - ----- - - -- - ------------ - -- _ Regj.!ly District of the Land Coltri,
(;clti3iralc !'o. - ........_book - -- l'itge.......
The decision of said Board is oil file with the papers in Decision or Case N T ?.....
City
it, the office of the *.r6wh Clcrk_........ r? {.. ^'ortlial ton
Signet lhis_._:�Cl:� ---day of------... _7- -- . - - -d. !_7.:� - -- - --
Bmrd of Appeals:
Board of ,Appeals
Board of Appeals j
----- - - - - -- ....... 19-------- lit - - -_ -- ..._o'clock and -------- ------------- - - - - -- .minutes
Deceived and entered with the Register of Deeds in the County of --------------
look -- - - - - -- -- Page
ATTEST
--------- - - - - -- -- - - - - -- ----------- -- - -- - - - - - -- - •••••...... -- - - --
Register of Deeds
Notice to be recorded by 1. andowner. .
rORm 1094 Homes • w.RRCN INC.
At it on �.cdiic: - diiy, -,, h:-,uiry 1 )7'), tyle /
13oarc., of Appf., thy ,ity - )J' iq:,).•t`iaiqptori voted t ;;rant the
petition of I and f,areri jLid a variance to :.ub a
,)".ircel of c
a r, ra to a 1.1 c),.: i o t t,) b
13 a-': e 6 .1E 1 -vidc'11cc lioarci the ijlocrd the
f ol I owing fi. I i I'd V,I T 11 ce
3. n)t, %'et•Lmental I..) th :) good
.-I,)r . i aullif`�,r or intent, �)f the Ordi-
nance, a,., _ family Imme ar( on 1( camparible in -
the u,-c is approp•iat(. and a fair and rea-
-onable _z:e their land, an(I will not perceptibly increase
the der of the area.
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family ii,
(:t at c and 7 �)
feet
t"IC
T t}. (.: r
3. n)t, %'et•Lmental I..) th :) good
.-I,)r . i aullif`�,r or intent, �)f the Ordi-
nance, a,., _ family Imme ar( on 1( camparible in -
the u,-c is approp•iat(. and a fair and rea-
-onable _z:e their land, an(I will not perceptibly increase
the der of the area.
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77 ��HAT
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SOCIAT27
RA YIAO G XPERS A 3 S
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.:,u b� . t ai; I, i
t
in tnat it
im
.'(I t�C c )I
i - aria - .
in all r p e c t
f
_11- iii*i.
a: -) buildirp
lot :' )r a _ingle
family ii,
3. n)t, %'et•Lmental I..) th :) good
.-I,)r . i aullif`�,r or intent, �)f the Ordi-
nance, a,., _ family Imme ar( on 1( camparible in -
the u,-c is approp•iat(. and a fair and rea-
-onable _z:e their land, an(I will not perceptibly increase
the der of the area.
Al-
77 ��HAT
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SOCIAT27
RA YIAO G XPERS A 3 S
FTANC,i✓7 77-� OCIA