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PLAN OF LAND IN
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PREPARED FOR
ANTON J.,JR. d JANET A. MOTT
SCALE - I" = 30' SEPTEMBER /51988
HAROLD L. EATON AND ASSOCIATES INC.
REGISTERED PROFESSIONAL LAND SURVEYORS
9 SUNRISE DRIVE— HADLEY -- MASSACHUSETTS
30 0 30 60 90 120
9 0 9 FEET 18 27 36
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FORM A
;dORTHA; : ?TGII, MASZ .
October 19, 1988
Late
ArPLICATIO:: FOR E;IDORSEME ::
OF FLA:! BEL.Ll V- :101' TO RErQUIP.E APPROVAL
File one ccmpleteu form with the Planning Board
and one cop;; with the City Clerk in accordance with
with requirements of,Section 3.02.
To the Planning Board:
The undersigned, believing that the accompanying'plan of
his property in the City of Northampton does not constitute
division within the meaning of the Subdivision Control Law,
herewith submits said plan a determination and endorsement
that Planning Board approval under the Subdivision Control Law
is not required.
Anton J. Mott, Jr. &
1. Applicant Janet A. Mott L'°�"aed iif,K
Print or type name - - "Sig ature
185 Chesterfield Road (Leeds)
Anton J. Mott, Jr. Address
2. Owner & Janet A. Mott .Tt'r
Print or type name Sig ature c/�
185 Chesterfield Road (Leeds)
' Address
3. Surveyor Harold L. Eaton RPLS
Print or type name Signature
9 Sunrise Drive, Hadley, Ma. 01035
Address
4. Deed or property recorded in Hampshire County
Registry,
Book 2948 Page 142
5. Location and Description of Property:
Chesterfield Road, Northampton (Leeds)
Date of Submission November 8, 1988
City Cler
Sig a e
33
,/
a..
FORM A
i 1jAvc-
October 19, 1988
Late
ArPLICATIOI: FOR EJiD ORSZYIE
OF FLA :; BLLIE.VED NO TO REQUIRE AFFROVAL
File one complete, fora with the Planning Board
and one cop;; with the City Clerk in accordance with
With requirements of.Section 3.02.
To the Planning Board:
Road (Leeds)
Anton J. Mott, Jr. Address
2. Owner & Janet A. Mott I,— -
Print or type name Sig ature
f� — cT' -
185 Chesterfield Road (Leeds)
Address
3. Surveyor Harold L. Eaton RPLS
r r i n t or t
ype name Signature
i e Drive, Hadley, Ma. 01035
Address
Anton J. Mott, Jr. &
1 • Applicant Janet A Mot
Print or type name Sig ature`
185 Ch esterfield
The undersigned, believing that the accompanying plan of
his property in the City of Northampton does not constitute
division within the meaning of the Subdivision Control L,
here��itn aw
submits said plan "for a determination and endorse^nent
that Planning Board approval under the Subdivision Control Law
is not required.
4 . Deed or property recorded in Hampshire County Registry,
Book 2948 Page 142
5. Location and Description of Property:
Chesterfield Road, Northampton (Leeds)
Date of Subrtis_ on Novembe 8 19 88
City Clerk
Sign to
33
4.r
DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
At a meeting held on March 21, 1990, the Zoning Board of
Appeals of the City of Northampton voted unanimously to GRANT
the Application of Donna Dwyer for a Variance from the
Provisions of Section 2.1 of the Northampton Zoning
Ordinance, and a Special Permit under the Provisions of
sections 5.2 and 11.9 for the purpose of allowing the
inclusion of an accessory apartment in a single - family
dwelling to be built on Chesterfield Road (Parcel 45, Sheet
15B of the Northampton Assessor's Maps). Present and voting
were Chairman Robert C. Buscher, William Brandt, and M.
Sanford Weil, Jr.
As to the Variance, the Findings are as follows:
The Board found that, even though the definition of
"Accessory Apartment" in Article II of the Northampton Zoning
Ordinance reads in part... "A self- contained housing unit,
incorporated within an existing structure that is currently
being used as a single - family dwelling..." the ordinance
framers did not intend to prohibit builders of new single -
family dwellings from including therein an accessory
apartment that satisfies all the criteria of Section 11.9.
The Board found that a significant economic hardship would
fall to the applicant if she were forced to first build a
single- family dwelling, and when it was complete, apply for
a Special Permit to add an accessory apartment.
Granting this request will not create a substantial detriment
to the public good; nor will it nullify or substantially
derogate from the intent and purpose of this ordinance.
Accessory apartments are allowed in this district by Special
Permit, and the outward appearance of the structure is that
of a single - family home.
As to the Special Permit, the Findings are as follows:
The requested use is listed in the Table of Use Regulations,
and in Section 11.9 of the Northampton Zoning Ordinance as
being allowed by Special Permit in the district for which
application is being made.
The use requested bears a positive relationship to the public
convenience or welfare in that it creates a unit of housing
in the city for a widow who is financially unable to maintain
the home that she and her late husband occupied.
""W
s'
NORTHAMPTON ZONING BOARD OF APPEALS DECISION
DONNA DWYER APPLICATION FOR A VARIANCE AND SPECIAL PERMIT
PAGE TWO
The requested use will not create undue traffic congestion
or unduly impair pedestrian safety. This parcel is a large
lot in a rural setting.
The requested use will not overload any municipal systems;
nor will it unduly impair the integrity or character of the
district. It is in harmony with the general purpose and
intent of the ordinance.
Robert C. Buscher, Chairman
William Brandt
r
M. SaAford Weil, Jr.
„ ,0.1
Northampton Zoning Board of Appeals
March 7, 1990 Meeting
Page One
The Northampton Zoning Board of Appeals met at 7:45 P. M. on
Wednesday, March 7, 1990 in Council Chambers, Wallace J. Puchalski
Municipal Building, 212 Main St., Northampton, to conduct a Public
Hearing on the Application of Donna Dwyer for a Variance from the
Provisions of Section 2.1, and Special Permits under the Provisions
of sections 5.2 and 11.9 of the Northampton Zoning Ordinance, to
allow the inclusion of an accessory apartment in a dwelling to be
built on Chesterfield Road. Present and voting were Chairman
Robert C. Buscher, William R. Brandt, and M. Sanford Weil, Jr.
Ch. Buscher opened the Public Hearing by reading the Application,
the Legal Notice, and a memorandum from the Northampton Planning
Board. Atty. Thomas Growhoski appeared for the Applicant, and
explained that the Dwyers were going to build a home for
themselves - -that Mrs. Dwyer's father had died recently leaving her
mother unable to maintain the family home- -and that they wanted to
include, in the construction of their new home, an accessory
apartment for her mother. The Variance is needed because the
Ordinance allows accessory apartments in existing dwellings. The
Planning Board felt that was not an intended requirement.
As to the Special Permit, Mr. Growhoski pointed out that the 688SF
apartment is a completely separate unit, the owners will occupy the
main house the dwelling has the appearance of a single - family
house, the apartment contains 28.5% of the dwelling's total floor
space, there is adequate parking, and the Building Inspector
approves the plan.
As to the Variance, Mr. Growhoski felt that a peculiarity in the
ordinance results in a foolish technicality. He addressed the
Chapter 40A criteria as follows: The shape of the house is unique-
- without the accessory apartment, it would be smaller and
differently shaped. It is unique in that there is no other planned
construction in the area. The hardship is that the Dwyers cannot
afford to construct the house without the income from the accessory
apartment. A literal enforcement of the work "existing” causes the
hardship, and would require the Dwyers to first build their home,
then after it becomes "existing," they would have to come in for
a Special Permit and make the addition at much greater cost.
Relief can be granted without derogating from the intent of the
ordinance, and it adds to the housing stock in the city.
Ch. Buscher asked him, "What say you to the Planning Board's
request on not granting the Special Permit without site plan review
by them ?" Mr. Growhoski replied, "The Planning Board's
recommendation is not binding. I felt no site plan was required.
I would urge you to decide tonight, because a literal reading of
the ordinance does not require a site plan."
Mr. Weil commented, "You need a Variance on the interpretation.
r.. ,0.1
Northampton Zoning Board of Appeals
March 7, 1990 Meeting
Page Two
How do you have a hardship problem when the building hasn't even
been built? Mr. Growhoski replied, "The courts are strict on use
variances, but far less strict on dimensional variances. We are
here more for a dimensional variance - -the courts would be less
strict here. There is no requirement in 40A that the building has
to exist. Our situation is unique."
Mr. Weil continued, "This is really a two - family. That's not what
the ordinance intended." Mr. Growhoski replied, "Accessory
apartments are being encouraged. This is not a two - family
dwelling. It's a mother -in -law apartment. We are trying to be up-
front and do it right."
Ch. Buscher commented, "My difficulty is that you could build this
building exactly as presented, except for the kitchen. Mrs.
Dwyer's mother would have her apartment, without a kitchen, until
- they got the Special Permit. You say the Dwyers can't afford to
build a house this size without Mrs. Dwyer's mother's help ?" Mr.
Dwyer replied, "The house without the apartment costs $108,000.
The apartment is another $58,000."
Mr. Brandt stated, "The purpose of the accessory apartment
ordinance is to provide housing. It meets the criteria Why not
do it now instead of forcing them into a charade ?" Mr. Weil asked,
"Why does the ordinance say 'existing' ?"
Atty. Bart Gordon, in the audience for another matter, commented,
"I chaired the Mayor's Task Force on land use. In 1985 we were
pushing for accessory apartments. The original thoughts were not
exclusively existing dwellings. The Planning Board put that word
in. It was not the intent of the original committee."
There was no one present to speak in support or in opposition, so
Mr. Weil moved that the Public Hearing be continued to March 21 to
allow the Planning Board to look at the site plan at their meeting
March S. Mr. Brandt seconded, and the motion passed unanimously.
Also present, in addition to those mentioned, was R. J. Pascucci,
Board Secretary.
Robert C. Buscher, Chairman
r.. "oe
Northampton Zoning Board of Appeals
March 21, 1990 Meeting
The Northampton Zoning Board of Appeals met at 7:05 p. m. on
Wednesday, March 21, 1990 in Council Chambers, Wallace J. Puchalski
Municipal Building, 212 Main Street, Northampton, to continue the
Public Hearing on the Application of Donna Dwyer for a Variance and
Special Permit to allow the inclusion of an accessory apartment in
a home to be built. Present and voting were Chairman Robert C.
Buscher, William Brandt, and M. Sanford Weil, Jr.
Ch. Buscher read the Legal Notice and summarized the Application.
He read the minutes of the Planning Board meeting of March S. Mr.
Weil moved that the minutes of the Public Hearing held on March 7
be approved without reading. Mr. Brandt seconded, and the motion
passed unanimously.
Atty. Thomas Growhoski was present to represent the Applicant. He
said, "This matter is ripe to be acted on. The hardship is more
dimensional than 'use.' There was no one present to speak either
- in favor or opposition, so Mr. Weil moved the Public Hearing be
closed. Mr. Brandt seconded, and the motion passed unanimously.
Mr. Weil went through the Section 10.10 criteria and found them all
to be met. "I have no problem with the special Permit. As to the
variance, I find hardship in that it would be very difficult and
expensive to build the house first, and when it is completed, add
on the accessory apartment. I originally felt differently, until
Bart Gordon explained that "existing" was not part of the original
intent of the ordinance. I am persuaded by his argument to be more
lenient in this particular case, but I won't let developers build
two - family houses by constructing a one - family with an accessory
apartment. We should warn the Planning Board to change the
ordinance ASAP so we don't face this again. I'm prepared to allow
the Variance."
Mr. Brandt added, "I'll vote in favor. The Application is made in
the spirit of the ordinance. The intent is clearly to create
additional housing. It makes no sense to me to force them to build
a house and then later add on the apartment. I'll vote in favor.
Ch. Buscher said, "Like Sandy, I was at first adverse to granting
the Variance. Variances should be difficult to obtain, but I also
was swayed by Mr. Gordon's comments about the original intent of
the ordinance. The law here creates a ridiculous situation, an
artificial distinction. Also, in my opinion, getting the apartment
in at the very get go, designing it so it doesn't show, preserves
the visual impact. I'd vote for the Variance and the Special
Permit.
Mr. Weil also added that he found the plans satisfied all the
requirements of Section 11.9 of the ordinance, and that an
affidavit of residency was in the file. He moved that the variance
be granted. Mr. Brandt seconded, and the motion passed Northampton
, ■.s
Zoning Board of Appeals
March 21, 1990 Meeting
unanimously.
Mr. Weil then moved that the Special Permit be granted. Mr. Brandt
seconded, and the motion passed unanimously.
Also present, in addition to those mentioned, was R. J. Pascucci,
Board Secretary.
Robert C. Buscher, Chairman
1...
CITY OF NORTHAMPTON
ZONING BOARD OF APPEALS
NORTHAMPTON. MASSACHUSETTS 01060
DATE: APRIL 5, 1990
Certificate of Granting of Variance or Special Permit
(General Laws, Chapter 40A, Section 11)
THE ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON HEREBY
CERTIFIES THAT A VARIANCE OR SPECIAL PERMIT HAS BEEN GRANTED:
TO: DONNA DWYER
- ADDRESS: 362 KENNEDY ROAD
CITY: LEEDS, MA 01053
AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR
BUILDINGS AT: CHESTERFIELD ROAD, LEEDS (PARCEL 45, SHEET 15B)
And the said Zoning Board of Appeals further certifies that the
decision attached hereto is a true and correct copy of its decision
granting said Variance/ special Permit, and that copies of said
decision, and all plans referred to in the decision, have been
filed with the City Clerk.
The Zoning Board of Appeals also calls to the attention of the
owner or applicant that General Laws, Chapter 40A, Section 11 (last
paragraph) provides that no Variance or Special Permit, 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 in
the Office of the City Clerk and no appeal has been filed or that,
if such appeal has been filed, that it has been dismissed or
denied, is recorded in the Registry of Deeds for the county and
district in which the land is located and indexed in the grantor
index 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.
ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON
By: By: 6 �i5: Y5
Chairman Secretary
4 ' a ;
a.. .Moe
CITY OF NORTHAMPTON
ZONING BOARD OF APPEALS
NORTHAMPTON, MASSACHUSETTS 01060
DATE: APRIL 5, 1990
RE: THE APPLICATION OF DONNA DWYER FOR A VARIANCE AND SPECIAL
PERMIT TO ALLOW THE INCLUSION OF AN ACCESSORY APARTMENT IN A
DWELLING TO BE BUILT ON CHESTERFIELD ROAD, NORTHAMPTON.
Pursuant to the Provisions of the General Laws of the Commonwealth
of Massachusetts, Chapter 40A, Section 15, notice is hereby given
that a decision of the Zoning Board of Appeals of the City of
Northampton was filed in the Office of the City Clerk on the above
date GRANTING the Variance and Special Permit.
If you wish to appeal this action, your appeal must be filed in
Superior Court within 20 days of the date this decision was filed
in the Office of the Northampton City Clerk.
Robert C. Buscher, Chairman
,CITY OF NORTHAMPTON
ZONING PERMIT APPLICAT N
Zoning Ordinance Section 10.2
Owner Donna Dwyer I
a
Received::
Address 362 Kennedy Road, T,PPd I nuninmm� n
Telephone (H) 584 -1926 Telephone
Lot 45
Plan File
This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations:
.(Z.O. ARTICLE VI)
Zoning
Use
Lot
Front
Depth
Setbacks
Max. Bld.
Min. Op.
Front
Side
Rear
District
Area
Width
Cover
Space
/4 0,001
Past R —A
Existing.
t
175'
220'
A
%
°
/a
0,001
=30'
Present UR—A
Proposed resi
s .f
175'
2 20'
50'
=75'
100'
4.5 %
/o
95.5
Mark the appropriate box to indicate the use of the parcel:
❑ Non - Conforming Lot and /or Structure. Specify
® Residential w /accessory apartment
❑ Business
❑ Individual
❑ Institutional
❑ Subdivision
❑Single Family Unit
❑ Duplex
x Map No. 15B
File No.
❑ Multi -Fam
& OF PANNING
❑ Regular` ❑ PMU.13.
❑ Cluster ❑ Other
f
r
❑ Subdivision with "Approval- Not - Required " - Stamp:
❑ Planning Board Approval:
® Zoning Board Approval (Special Permit 10.9: Variance)
❑ City Council (Special Exception S. 10.10)
Watershed Protection District Overlay: (Z.O. Sect. XIV) ❑ Yes No
Parking Space Requirements: (Z.O. Sect. 8.1) Required 3 Proposed 3
Loading Space Requirements: (Z.O. Sect. 8.2) Required NIQ Proposed
S igns: (Z.O. Art. VII) ❑ Yes ;1 No
Environmental Performance Standards: (Z.O. Art. XI 1) ❑ Yes EkNo
Plot Plan
(S.10.2)
® Yes ❑ No
This section for OFFICIAL use only:
Site Plan ❑ Yes ® No
(S. 10.2 and 10.11
Waiver Granted: Date ❑
❑ Approval as presented:
❑ Modifications necessary for approval:
❑ Return: (More information needed)
M Denial: Reasons: ��9�(� 0
cLv
Signature of Applicant
`k3 - Seed - tSaz,
Date Sign ure of Admin. Officer Date
P Y
11-1)
It
Do Not Write In These Spaces �..
Application Number: _ 4 T..
Rec'd. B. 1. Checked Filed Fee Pd. Rec'd. ZBA Maps) Parcels)
By Date ey Date Date Amt. e t � ey Date 4 `J
4 �
APPLICATION IS HEREBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS:
1. Name of Applicant D
Address 'I
2. Owner of Property —D
Address - S
3. Applicant is: downer
4. Application is made for:
O Contract Purchaser;
.9 VARIANCE from the provisions of Section 2.1 page 2 -1 of the Zoning Ordinance of the
City of Northampton. Def, accessory apartment
5.2 and 11 -25
$SPECIAL PERMIT under the provisions of Section 11.9 page 11 -25 of the Zoning Ordinance
of the City of Northampton.
D OTH ER:
5. Location of Property - Rond , being situated on
the Nort side of, Chester Rd .,Leedg Street; and shown on the Assessors' Maps,
Sheet No. 1 5 B Parcel (z) 45
6. Zone UR -A
7. Description of proposed work and /or use; The applicant proposes to build a single _
family for herself with an accessory apartment for her mother to live in
8. (a) Sketch plan attached; ®Yes El No
(b) Site plan: OAttched ® Not Required
9. Set forth reasons upon which application is based:
An "accessory apartment" is defined (in part) as "housing. unit incorporated within an
existing structure...." The applicant desires approval to construct an accessory apart
ment at the same time her single family dwelling is constructed
10. Abutters (see instructions; list on reverse side of form). See attached please
12. 1 hereby certify that information contained herein is true to the best of my knowledge.
Date A pplicant's Signature
�� Ct0 S ly sjYy e�, A Hi Z h YI
4 f 0-4 - !S
!l
January 18, 1990
V
fir
kR;
Robert C. Buscher, Chairman
Zoning Board of Appeals
City of Northampton
Northampton, MA 01060
RE: Letter of Application
Dwyer: Proposed Accessory Apartment
Dear Mr. Buscher:
Please find enclosed an application for a variance and
special permit. We are proposing to build a single - family
dwelling with an accessory apartment.
My husband and I intend to occupy the main part of the
house (the single- family dwelling) as our permanent residence,
while my mother will live in the "accessory apartment ".
If there is any further documentation necessary to expedite
this matter, or if you should have any other concerns, please do
not hesitate to contact our legal representative, Attorney
Thomas M. Growhoski, 60 State Street, Northampton, MA 01060,
(413) 584 -1500.
Sincerely,
- A �KZ
Donna 4Dwy,
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss . Date : :Jo_vi ua v` 18 1 lc{q o
Then personally appeared the above named Ta/J uA Do E e-
and acknowledged the foregoing instrument
to be true and accurate and her free act and deed.
-V
,Notary Public
My commission expires:A : 3
...i