471 Complaint & Correction Orders 2002 Northampton Board of Health
Complaint Referral
Referred to: BUILDING INSPECTOR'S Date:
OFFICE 5-17-02
Location of Complaint:
471 CLOES MEADOW RD. (Lower level Apt.)
Map: Lot:
Description:
1. Only one means of egress from cellar apartment.
(an other door, through landlords apartment, is
always locked.)
2. There seems to be a wiring problem in the
kitchen, continually tripping circuit breaker, even
when ONLY small appliances are in use ( e.g. a
coffee maker and a toaster, or coffee maker and a
cell phone charger) Is this safe?
Complainant: Sara Owner: V. Mahi Swan
Davinchi, (occupant) 471 Coles Meadow Rd.
471 Coles Meadow Rd.
Tel:584-4222
Date of B o H: Inspection: will go with Bldg./Wiring
Insp.
Referred by: Peter McErlain, Tel: 587-1213
Call to set up an appointment for inspection.
Section 10.10 Accessory Apartments
An Accessory Apartment,or In-Law Apartment,is a self-contained housing unit incorporated within
a single-family dwelling (not within accessory structures, except with a Special Permit) that is a
subordinate part of the single-family dwelling and complies with the criteria below.
I. The intent of permitting accessory apartments is to:
A. Provide older homeowners with a means of obtaining rental income,companionship,
security and services,and thereby to enable them to stay more comfortably in homes
and neighborhoods they might otherwise be forced to leave;
B. Add moderately priced rental units to the housing stock to meet the needs of smaller
households and make housing units available to moderate income households who
might otherwise have difficulty finding housing;
C. Develop housing units in single-family neighborhoods that are appropriate for
households at a variety of stages in their life cycle;
D. Protect stability, property values, and the single-family residential character of a
neighborhood by ensuring that accessory apartments are installed only in owner-
occupied houses;
E. To provide housing units for persons with disabilities.
2. The Building Commissioner may issue a Zoning Permit authorizing the installation and use
of an accessory apartment within an existing or new owner-occupied,single-family dwelling
and the Zoning Board of Appeals may issue a Special Permit authorizing the installation and
use of an accessory apartment in a detached structure on a single-family home lot only when
the following conditions are met:
A. The apartment will be a complete, separate housekeeping unit containing both
kitchen and bath.
Only one accessory apartment may be created within a single-family house or house
lot.
C. The owner(s)of the residence in which the accessory unit is created must continue to
occupy at least one of the dwelling units as their primary residence. The Zoning
Permit or Special Permit for the accessory apartment automatically lapses if the
owner no longer occupies one of the dwelling units.
Any new outside entrance to serve an accessory apartment shall be located on the
side or in the rear of the building.
E. The gross floor area of an accessory apartment(including any additions)shall not be
05/01/01 10-21
greater than nine hundred (900) square feet.
F. Once an accessory apartment has been added to a single-family residence or lot,the
accessory apartment shall never be enlarged beyond the nine hundred (900) square
feet allowed by this ordinance.
G. An accessory apartment may not be occupied by more than three (3) people.
H. Three off-street parking spaces must be available for use by the owner-occupant(s)
and tenants.
I. The design and room sizes of the apartment must conform to all applicable standards
in the Health, Building, and other codes.
7. Zoning Permits issued under this section shall specify that the owner must occupy
one of the dwelling units. The Zoning Permit and the notarized letters required in K
and L below must be recorded in the Hampshire County Registry of Deeds or Land
Court, as appropriate, in the chain of title to the property,with documentation of the
recording provided to the Building Commissioner, prior to the occupancy of the
accessory apartment.
K. When a structure which has received a Permit for an accessory apartment is sold,the
new owner(s),if they wish to continue to exercise the Permit,must,within thirty(30)
days of the sale, submit a notarized letter to the Building Commissioner stating that
they will occupy one of the dwelling units on the premises as their primary residence.
This statement shall be listed as condition on any Permits which are issued under
this Section.
Prior to issuance of a permit,the owner(s)must send a notarized letter stating that the
owner will occupy one of the dwelling units on the premises as the owner's
permanent/primary residence, except for bona fide temporary absences.
M. Prior to issuance of a permit,a floor plan of one-quarter(1/4)inch to the foot must be
submitted showing the building,including proposed interior and exterior changes to
the building.
(Amended 2/18/93, 10/6/94, and 2/1/2001)
Section 10.11 Residential Incentive Development Overlay District. The purpose of Residential
Incentive Development Overlay District is to provide housing opportunities that are affordable for
low and moderate-income persons. Within the overlay district, the Planning Board may issue a
Special Permit to allow housing development at somewhat greater densities than are normally
permitted by the zoning ordinance, provided:
1. A minimum of thirty-three (33) percent of the total units in the development are affordable
units.
05/01/01 10-22
INSPECTOR
June 4, 2002
(!iitp of Northampton
JAonc usetto
DEPARTMENT OF BUILDING INSPECTIONS
212 Main Street • Municipal Building
Northampton,MA 01060
V. Mahi Swan
471 Coles Meadow Road
Northampton, MA 01060
Map 03 Lot 008 RR-WSP-WP
Subject: Zoning violations for accessory apartment and Building Code violations
lack of proper means of egress
Dear Mahi Swan,
I received a complaint referral from the Northampton Board of Health from a Sara
Davinchi. The complaint was from an tenant in a apartment that lacked the proper
number of means of egress.
I made a site inspection on May 23, 2002 to 471 Coles Meadow Rd. and met Sara
Davinchi who showed me the basement apartment that she is renting from you.
My inspection revealed the following:
a. The basement apartment had only one means of egress that lead directly to
the outside, (violation of 780 CMR 1010.2 for minimum number of exits)
b. The second means of exiting the apartment was through a door that lead
through your dwelling unit then the to outside, this door was also locked at
the time of my inspection. 780 CMR section 10 requires that there must be
two means of exiting the apartment that lead directly to outside(780 CMR
1006.3 exit discharge.)
c. The stairs leading directly to the outside lacked a handrail (780CMR
3603.14.1 handrails for three or more risers).
d. The area is zoned RR-WSP-WP. Northampton Zoning Section 5.2 shows
that a two family home is not allowed. You may have an accessory
apartment by applying for a Zoning permit from the Building
Commissioner as long as the apartment meets the specifications outlined
in section 1010 of Northampton Zoning ordinances (copy attached). I
checked the file for your address and no zoning application has been
received for the use of the basement as an accessory apartment.
You have 30 days in which to make the corrections to the basement to provide a
second means of egress and install a handrail to stairs. You must apply for a zoning
permit within 30 days for the ase of the basement apartment as an accessory
apartment. Failure on your part to do so could force fines and or court action. The
fines for the zoning violations are $100 per day for each day violation continues and up to
$1000 per day for each day violation continues for violation of the building code
(780CMR).,
Please contact me at 413-587-1240 if you have any questions.
Sincerely,
Anthony Pat
Building Commissioner
City of Northampton
CC: Board of Health, S. Davinchi