10B-066 39 water st board of appealsNTORTHP"nTON BOARD OF APPEALS
N... PublicA,.,�earing on Application
of Margaret Mullins
Spptember 10, 1980
The Board of Appeals held a public hearing on September 10, 1980,
on the request of Margaret Mullins for a special permit and variance
to add an apartment to her home at 39 Water Street, Leeds. The
Chairman, Eric B. Gervais, called the hearing to order at 7:30 PM.
Also present were Arthur Zinkin and Thomas Brushway.
The Chairman read the public notice, published in the Daily
Hampshire Gazette on August 27 and September 3.
He noted that the requirements for a variance were spelled out
in the Zoning Act, and the requirements for a special permit were set
forth in the Zoning Ordinance.
He informed those present of their right of appeal.
Atty. Patrick Melni$ of Chesterfield Road, representing Mrs.
Mullins, told the Board that the property in question has frontage of
77.78 feet, and depth of 139.92 feet. The home is located in a URB
zone where frontage of 80 feet is required for a two family home, and
where a special permit must be obtained for the proposed use. The
front, rear, and side setbacks are adequate, but the lot lacks suffi-
cient square footage, having 10,825 square feet, while 12,000 is
required.
According to Atty. Melnik, Mrs. Mullins now lives alone and she
finds it uneconomical to heat the large home. She plans to convert
the house to a two - family dwelling in order to supplement her income.
He claimed that the conversion would not be detrimental to the neigh-
borhood which he described as "not single - family in nature ".
Regarding the hardship necessary for the variance, he said that
a brook runs along one side of the parcel, forming a natural boundary,
thus his client is prevented from acquiring the additional land
needed to meet the square footage requirements.
Michael Yazel, AHOP coordinator, said that the property would be
a possible site for receiving ATTOP funds if an additional dwelling
unit was added to the home.
There was no opposition.
Margaret Riddle of Water Street favored the proposal.
Questioned by the Board on the size of the home, Mr. Melnik said
that the house is approximately 45 feet long and 28 feet wide. The
second floor would be converted into a separate apartment containing
two bedrooms, living room, kitchen, bath, and storage room. There
would be approximately 1,000 square feet of floor area. The second
floor contains rough plumbing to accommodate the kitchen and bath.
The home is heated by gas. An outside stairway will be added to the
rear of the house to provide access for the second floor living
quarters. Also, a flight of stairs within the home provides another
entry. There is adequate space to park four cars.
Mr. Brushway noted that the home was unique, in that for many
years the owner had occupied a portion of the house while using the
front portion as a barber shop.
On a motion made and seconded, the Board voted to decide on the
petition.
Mr. Zinkin voted in favor.
Mr. Brushway found that the requirements for a variance had been
reasonably met; that the natural boundary makes the parcel unique;
that the size of the home creates a hardship for one person trying to
maintain the property; that desirable relief may be granted without
detriment to the public good; that the neighborhood contains many
multi - family dwellings; and that by providing additional housing, the
proposal would be in keeping with the intent of the Zoning Ordinance.
Mr. Gervais found that the Board has the authority to grant a
variance when such a minimal deviation from the dimensional require-
ments of the Zoning Ordinance is sought; that there is adequate space
for parking of four cars; that it bears a positive relationship to
the public convenience or welfare by providing additional housing;
that the proposed use will not cause traffic congestion nor impair
pedestrian safety; and that the proposed use is in keeping with the
intent and purpose of the Zoning Ordinance.
Based on these findings, the Board voted unanimously to grant
the petition, and the hearing was adjourned at 8:15 PM.
Present, in addition to the Board members, the applicant and her
attorney, were Clare Fennessey, Clerk, and five interested citizens.
r Gervais
Chairman
M
�--- t�.at- 1llLnte�n Tbaw,Spaces Application Number:
johecked Filed Fee Pd. Rec'd. ZBA Map(s) Parcels)
' Date Date Date Amt Date By Date
LA ',
p
DEQ,t ER, BY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS:
1. Name of Applicant Margaret M. Mullins
Address 39 Water Street, Leeds, MA 01053
2. Owner of Property Marg M. Mullins
Address 39 Water Street, Leeds, MA 01053
3. Applicant is: IXOwner; ❑Contract Purchaser; ❑Lessee; ❑Tenant in Possession.
4. Application is made for:
INVARIANCE from the provisions of Section V I page K 2 47 L l of the Zoning Ordinance of the
City of Northampton.
®SPECIAL PERMIT under the provisions of Section V page 5-2 -'RZ of the Zoning Ordinance
of the City of Northampton.
❑OTHER:
5. Location of Property 39 Water St.( Ieeds) Northampton , being situated on
the South -East side of Water Street; and shown on the Assessors' Maps,
Sheet No. IOB Parcel(s) Lot 66
6. Zone URB
7. Description of proposed work and /or use; I wish to renovate the 2nd floor of my s i ng I e
family dwel inqi_nto_anapartment. There w i l l be no exterior cha+naes in the
structure with the exception of an added 2nd rowans of earess
There is sufficient Darkina spaces on the lot to accomodate 4 off street cars
Fx Int has 10879 - Twn fAmiIy IIRR reguirPS I 100
8. (a) Sketch plan attached; WYes El No
(b) Site plan: ❑ Attched ❑Not Required
9. Set forth reasons upon which application is based: There i s at present a cons i derab I e
financial hardship in maintaining the dwelling as it exists. I have a daughter in
college and a son in the military service As I have only one (1) income added
lncnme from the apartment would Pace my financial burden.
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 I . 19 Sc3 A pplicant's Signature
Assessor's Map
11. List of Abutters: �✓ Address sheet No. Parcel
1. F I I 7a Pth Bar-hand 35 WAtPr St I O 65
2 Earl Meunier 33 Water St. JOB 64
7 Bob Riddle 47 Water St. JOB 67
4 Robert Connelly
51 53 Water St.
JOB
68
5 Homer Bachand
30 Water St.
JOB
72
6,Robert Spencer
32 Water St.
JOB
74
Arthur Johnson
38 Water St.
JOB
75
7
$ Johnathan Carr
42 Water St.
JOB
76
9 Edward Kurz
44 & 46 Water St.
JOB
77
10, Dora Tacy
50 Water St.
JOB
78
11 William Bachand
65 Water St.
IOD
2
12,Ra1 h IntorcJo
Water St.
IOD
38
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
(Attach additional sheets, if necessary)
../
DECISION OF THE
ZONING BOARD OF APPEALS
At its meeting on September 10, 1980, the Zoning Board of Appeals for the
(City of Northampton voted unanimously to grant the petition of Margaret Mullins;
for a special permit and variance to add an apartment to her home at 39 Water i
(Street, Leeds.
Based upon evidence presented to the Board, the Board made the following
findings in regard to the special permit.
i 1. The proposed use bears a positive relationship to the public
convenience or welfare by providing additional housing.
2. The proposed use will not cause traffic congestion nor impair
pedestrian safety.
3. The proposed use is in keeping with the intent of the Zoning
Ordinance.
4. The proposed use would cause a minimal deviation from the
dimensional requirements of the Zoning Ordinance.
5. The requirements for a variance had been reasonably met. j
6. The size of the home creates a hardship for one person trying
to maintain the property, and that the natural boundary makes
I
the parcel unique.
I
I
I
IC RVAIS, CHAIRMAN i
I
J �
ARTHUR ZINKIN
THOMAS BRUSHW Y !�
I