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2006 ZBA minutesNorthampton Zoning Board of Appeals Minutes of January 12, 2006 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time Q Chair, Sara Northrup Q Vice Chair, David Bloomberg Malcolm B. "Barry" Smith Q Bob Riddle Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 5:30 . P.M. Sara Northrup opened continuation of a permit for Northampton Cooperative Bank. Based on a request by the Bank, David Bloomberg moved to continue the hearing to February 23 at 5:30 PM. Upon second by Bob Riddle, the board voted unanimously to continue the hearing. Upon motion by David Bloomberg and second by Bob Riddle, the board voted unanimously to approve the minutes of September 8, 2005 and December 8, 2005. Northampton Zoning Board of Appeals Administrator Hearing Minutes of January 12, 2006 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. "Barry" Smith Q Bob Riddle Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 4:00 P.M. Bob Riddle opened the hearing on the request by James W. Hagadorn and Caroline A. Seaman for a Finding to expand a non -conforming garage at 63-65 Gothic Street, Northampton, Map ID 31 B-214. The applicant was not present. Bob Riddle analyzed the permit and determining that no abutters or others were present, closed the hearing. Bob Riddle approved the Finding based on the grounds that the change of the pre-existing non- conforming setback would not be substantially more detrimental than the existing condition. Northampton Zoning Board of Appeals Minutes of January 26, 2006 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time Q Chair, Sara Northrup Q Vice Chair, David Bloomberg Q Malcolm B. "Barry" Smith Q Bob Riddle Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 5:30 . P.M. Sara Northrup opened request by Wright Builders for a Finding for an extension of a non- conforming side setback at 202 to 206 State St., Northampton, Map ID 24D-173. Jonathan Wright presented the application. Bill Dwight, abutter, spoke in favor of the expansion. Upon motion by Barry Smith and second by David Bloomberg, the board voted unanimously to close the hearing. Upon motion by David Bloomberg and second by Barry Smith, the board voted unanimously to grant the Finding. 5:45 P.M. Sara Northrup opened the request by Saxton Sign Group for a special permit for more than one wall sign at 246 King St.(Lia Chrysler), Northampton, Map ID 24B-55. Pat Boni- representing the applicant described the request for 70 square feet in total of wall sign. Upon motion by Barry Smith and second by David Bloomberg the board voted unanimously to close the hearing. Upon motion by David Bloomberg and second by Barry Smith the board voted unanimously to grant the permit as shown in permit not to exceed a total of 70 sf. 6:00 P.M. Sara Northrup opened the request by Clarke School for the Deaf for a dimensional variance at Round Hill Rd. (Pratt Cottage), Northampton, Map ID 31 B-004. Steve Balicki, of Clarke School, presented the request. Rick Klein, consultant, described specifics of the application. The Board discussed the variance criteria. Upon motion by David Bloomberg and second by Barry Smith, the board voted unanimously to close the hearing. Upon motion by David Bloomberg and second by Barry Smith, the board voted unanimously to grant variance. Upon motion by David Bloomberg and second by Barry Smith the board voted to adjourn. Northampton Zoning Board of Appeals Minutes of March 9, 2006 City Hall Room 10, 210 Main Street, Northampton, MA. Members Present: Time Time Chair, Sara Northrup Q Vice Chair, David Bloomberg Q Malcolm B. "Barry" Smith Bob Riddle Assoc. Member Q Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 5:35 . P.M. David Bloomberg opened a request by Jim Boyle, Jr. for a special permit to construct a detached accessory apartment at 384 Florence Rd, Florence, Map ID 30C-18. Jim Boyle, Jr. described the project. The Board discussed the height. Lee Tonet, 387 Florence Rd, asked about office/business use of the apartment. Boyle clarified that there would be no office use. Upon motion by Barry Smith and second by Elizabeth Wroblicka, the Board voted unanimously to close the hearing. Upon motion by Elizabeth Wroblicka and second by Barry Smith, the Board voted unanimously to approve the request for the special permit. Upon motion by Barry Smith and second by Elizabeth Wroblicka, the Board voted unanimously to approve the minutes for 1/13/05, 1/27/05, 1/12/06, 1/26/06. Upon motion by Barry Smith and second by Elizabeth Wroblicka, the Board voted unanimously to adjourn. Chamberlin presented the request. The Board discussed the proposed work hours beween 9 a.m. and 9 p.m. and the number of evening and weekend classes. There were no members of the public present. Upon motion by David Bloomberg and second by Barry Smith, the Board voted unanimously to close the hearing. Upon motion by Barry Smith and second by David Bloomberg, the Board voted unanimously to approve the special permit as presented with the hours of operation and number of classes stated. Northampton Zoning Board of Appeals Minutes of March 23, 2006 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time Q Chair, Sara Northrup Vice Chair, David Bloomberg Q Malcolm B. "Barry" Smith Q Bob Riddle Assoc. Member Q Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 5:30 . P.M. Sara Northrup opened request by Northampton Cooperative Bank for a ground sign. Ed Etheredge, on behalf the bank described the project the amended version. Bill Stapleton provided rationale for sign. Lamps will contain reflectors to project light only on the brick. One 70 W lamp to shine brick fagade. Bruce Dufrene 1 Main Street, Florence asked for clarification. Board specify 2- 70 W bulbs Elizabeth Wroblicka move to close, Bob Riddle 2 n Upon motion by Bob Riddle and second by Elizabeth Wroblicka, the board voted unanimously to approve the special permit of size 82.3" x 18" and2-70W bulbs. 5:45 P.M. Sara Northrup opened the request by Acme Surplus for a Special Permit to erect a sign larger than standard and higher than allowed at 150 Main St., Northampton, Map ID 32C-1. Carolyn Webb-Rosensweig presented the application for a 45 square foot non -illuminated sign. Upon motion by Elizabeth Wroblicka and second by Bob Riddle, the board voted unanimously to close the hearing. Upon motion by Elizabeth Wroblicka and second by Bob Riddle, the board voted unanimously to approve the sign for 45 square feet non -illuminated sign. 6:05 P.M. Sara Northrup opened the request by Debra Wysocki for a dimensional Variance to operate a dog day care/kennel at 557 Easthampton Rd, Northampton, Map ID 51-9. John Howard representing applicant described project. Questions by board regarding the variance criteria. Bill Plumley provided more information of financial hardship. Sheila Clearly spoke in favor of the application. Paul Kelleher, Audubon Rd, spoke in favor. Shauna Hay spoke in favor. Upon motion by Bob Riddle and second by Elizabeth Wroblicka, the board voted unanimously to close the hearing. Upon motion by Elizabeth Wroblicka and second by Bob Riddle approve with Meet noise ordinance for 65 Decibels during the day. Zoning Board of Appeals Zoning Administrator Minutes of March 23, 2006 Public Hearing At 4:20 PM, Sara Northup opened the public hearing on the request for a finding at 80 Woodmont filed by Jaime Caron. Ms. Caron presented her application. Ms. Perry, an abutter, supported the application. Wayne Feiden, staff for the Office of Planning and Development, agreed that the facts represented in the application as they concern city actions were accurate. At 4:30 Sara Northrup closed the public hearing. She issued findings approving of the project as presented. Northampton Zoning Board of Appeals Minutes of April 13, 2006 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time Q Chair, Sara Northrup Vice Chair, David Bloomberg Q Malcolm B. "Barry" Smith Q Bob Riddle Assoc. Member Q Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 5:40 . P.M. Sara Northrup opened the appeal of the decision by the Building Commissioner, by Debra Berkowitz and Kris Thomson regarding the keeping of Nigerian Dwarf Goats as household pets for property located at 14 Liberty St, Florence, MA, Map ID 30B-40. The Board discussed the "viewing" of the subject goat outside Council Chambers. Debra Bercuvitz described the reason for the appeal and read a letter regarding the nature of the goats. There was a discussion of the proximity of the neighbors and the abutting structures. Debra Chandler, neighbor, spoke in favor of the appeal for keeping the dwarf goats. Peter McLean spoke in favor of the appeal. Alex Ghiselin, former Ward Councilor, spoke in favor and stated that there is precedent in the neighborhood for animals other than dogs and cats. Sue Beck of 17 Lexington Ave spoke in favor of the appeal. Brian Mayer, 327 Riverside Drive spoke in opposition stating concerns about noise and diatemacious earth being used. Anthony Patillo , Building Commissioner, clarified why he felt obligated to deny the application and suggested that the Board could approve it with restrictions on the number of goats. Upon motion by Barry Smith and second by Elizabeth Wroblicka, the Board voted unanimously to close the hearing. There was a Board discussion regarding the specific language in the ordinance. Elizabeth Wroblicka stated that goats are clearly farm animals. The Board discussed the wording of §5.3(2) and the definition of "commonly" considered Upon motion by Elizabeth Wroblicka and second by Barry Smith, the Board voted 2-1 to overturn the Building Commissioner's decision (Barry Smith voting against the motion). Upon motion by Barry Smith and second by Elizabeth Wroblicka, the Board voted unanimously to accept the minutes of 3-23. Northampton Zoning Board of Appeals Administrator Hearing Minutes of April 13, 2006 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. "Barry" Smith Q Bob Riddle Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 4:00 P.M. Bob Riddle opened a request by Wright Builders for a Finding to expand a non -conforming side setback at 145 Chestnut St, Florence, MA, Map ID 17C-68. Jonathan Wright presented the application. There were no abutters. Bob Riddle closed the hearing and voted to grant the Finding. Northampton Zoning Board of Appeals Minutes of April 27, 2006 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time Q Chair, Sara Northrup Q Vice Chair, David Bloomberg 6- 6:15 pm Q Malcolm B. "Barry" Smith Bob Riddle Assoc. Member Q Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 5:30 . P.M. Sara Northrup opened a request for a Finding to demolish a one and % story structure and rebuild a three story structure in the same non -conforming rear yard setback for property at 78 Masonic St, Northampton, Map ID 31 D-125. Eric Westerlund presented the application. He asked for relief on the setback for the rear stair case. There was a discussion about the appropriate process depending on the request for variance or a Finding. Alex Ghiselin 64 Riverside Drive, spoke in favor, but stated a concern about the loss of trees. Upon motion by Barry Smith and second by Elizabeth Wroblicka the board voted unanimously to close the hearing. Upon motion by Elizabeth Wroblicka and second by Barry Smith, the board voted unanimously to approve the project with a 3' projection for the staircase if necessary. 6:00 P. M. Sara Northrup opened the request by Ronald Fortune for a Finding to change non -conforming signs for the car wash at 310 Bridge St, Northampton, Map ID 25C-80. Ron Fortune, representing the end user, presented the application. Elizabeth Wroblicka asked about illumination of the ground sign. Fortune stated it would be illuminated only during hours of operation. There was no public comment. Upon motion by Elizabeth Wroblicka and second by Barry Smith, the board voted unanimously to close the hearing. Upon motion by Barry Smith and second by Elizabeth Wroblicka, the board voted unanimously to approve the project with the condition that the signs only be illuminated during hours of operation. 6:05 P. M. Sara Northrup opened the request by Bryce Hillman for a Special Permit to erect more than one sign at 34 Bridge St (Talbots), Northampton Map ID 32A-174. Bryce Hillman and the team presented the application Upon motion by Elizabeth Wroblicka and second by David Bloomberg the board voted unanimously to close the hearing. There was a discussion of the signs and requirements. Upon motion by Elizabeth Wroblicka and second by David Bloomberg the board voted unanimously to approve the signs. 6:20 P.M. Sara Northrup opened the appeal of the decision by the Building Commissioner on the interpretation of a restaurant use (Florentina's Pizza) and the subsequent parking required for such a use. The subject parcel is located at 57-59 Main St, Florence, Map ID 17C-198. David Bloomberg stepped down due to a conflict. Mark Tanner presented the application on behalf of the appellant and claimed that the subject use was a take- out and not a sit-down restaurant based upon the established record. Loretta Gougeon, West Center St, stated concerns about the lack of parking. She acknowledged that changes of use have occurred in other buildings within the GB district. The owner of Florentina's Pizza spoke. Barry Smith asked what the majority of business use was between sit down patrons and take out patrons. Elwan stated that in his present location he is primarily a take-out business. However, he stated that there would be a greater opportunity to have sit-down patrons with the addition of bathrooms and seating at the new location. Sara Northrup asked how many seats were in the old versus the new location. He indicated that there are currently 24 and the new location would allow 38 seats. Upon motion by Barry Smith and second by Elizabeth Wroblicka the board voted unanimously to close the hearing. The Board discussed the seating arrangements and the bathroom. Upon motion by Barry Smith and second by Elizabeth Wroblicka the board voted unanimously to reject the appeal and uphold the decision of the Building Commissioner on the interpretation of use and parking for use. Other permits issued without parking review for renovations Florence: 10 Main St. Renovations (CDH Bldg), Gougeon renovations behind 22 Main St (Revolution Cafe) 32/40 Main Street renovations, Everybody's Market, 1 North Main Street (Go West), Andiamo's (CBD), Tofu Restaurant- back to United Bank, Moshi Moshi, Zen, Old Fire Station, Chiropractic building on State Street...... Upon motion by Elizabeth Wroblicka and second by Barry Smith, the board voted unanimously to Northampton Zoning Board of Appeals Minutes of May 25, 2006 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time Q Chair, Sara Northrup Q Vice Chair, David Bloomberg Q Malcolm B. "Barry" Smith Bob Riddle Assoc. Member Q Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 5:35 . P.M. Sara Northrup opened a request for a Special Permit by Kristen Chamberlin to conduct a Home Occupation at 117 Black Birch Trail, Florence, MA Map ID 37-65. Chamberlin presented the request. The Board discussed the proposed work hours beween 9 a.m. and 9 p.m. and the number of evening and weekend classes. There were no members of the public present. Upon motion by David Bloomberg and second by Barry Smith, the Board voted unanimously to close the hearing. Upon motion by Barry Smith and second by David Bloomberg, the Board voted unanimously to approve the special permit as presented with the hours of operation and number of classes stated. Northampton Zoning Board of Appeals Administrator Hearing Minutes of May 25, 2006 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. "Barry" Smith Bob Riddle Assoc. Member Q Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 4:00 P.M. Elizabeth Wroblicka opened the request for a Finding by Sara and William Freedberg to reconstruct a single family home at the same non -conforming side and front setbacks at 18 Winter St., Northampton, Map ID 24D-27. Sara Freedberg presented the application and clarified which of the options they had chosen for the project. They will not completely demolish the home. John Ryan, abutter across the street spoke in favor of the project. Elizabeth Wroblicka asked about the siding. Andrew Shoff, Prospect St, spoke in favor of the project. Elizabeth Wroblicka closed the hearing and issued a positive Finding. Northampton Zoning Board of Appeals Administrator Hearing Minutes of June 8, 2006 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time Chair, Sara Northrup Q Vice Chair, David Bloomberg Malcolm B. "Barry" Smith Bob Riddle Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 4:00 P.M. David Bloomberg opened a request by for a Finding by James Glavin to change a non- conforming structure at 285 Locust St., Florence, Map ID 23B-5. James Glavin presented the request to change his porch. There were no public comments. David Bloomberg closed the hearing and issued the Finding. 4:15 P.M. David Bloomberg opened the request for a Finding by Kim Rescia to rebuild a multi -family home that was destroyed by fire on a non -conforming lot with non -conforming setbacks at 277 Crescent St., Northampton, Map ID 31A-42. Kim Rescia and Peter Frothingham, architect, described the design, layout and project area. Frothingham described the revised plans showing more precisely (from the original submission) where the proposed curb cuts would be located. Tom Douglas, 204 Crescent asked about enlarging the footprint of the parking area. Sam Topal, 2 Langworthy Road expressed concerns about parking. Richard Rescia, 43 Franklin St clarified that the proposal would have parking abutting an adjacent garage. James Lowenthal, Crescent St, asked if the parking could be located entirely within the rear to eliminate hazardous situation between autos and pedestrians at the sidewalk. Robert Shicon, 10 Arlington St asked if the building could be moved forward to enable parking in the rear. James Winston, representing the owners at 280 Crescent St, asked about lot size and the size and number of units proposed. Charlotte Winston, 280 Crescent St, spoke in opposition to the parking location in the front of the property. Mark Wineberg, 65 Franklin St spoke in opposition to the parking layout. Tom Douglas provided a sketch of a possible alternative layout with most of the parking in the rear. Frank Steibal, 273 Crescent St spoke in opposition to the layout. Rober Shicon spoke in support of the proposed parking suggested by Tom Douglas. David Bloomberg read two letters submitted for the record. David Bloomberg moved to continue the hearing to 4 PM on 6/22. 5:30 Adjourn. Northampton Zoning Board of Appeals Minutes of June 22, 2006 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time EI Chair, Sara Northrup EI Vice Chair, David Bloomberg 6 left. EI Malcolm B. "Barry" Smith Bob Riddle Assoc. Member Q Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 5:30 P.M. Sara Northrup opened request by Peter J. Whalen and Janna Ugone for a Special Permit to construct a detached accessory apartment at 35 Norfolk Ave, Northampton, Map ID 24A-182. David Bloomberg stepped down due to his relationship with the applicant. Pat Melnik presented the application. The Board discussed questions about the site layout and the carport. Melnik clarified that the carport was a planned structure and not yet built. There was no public comment. Upon motion by Barry Smith and second by Elizabeth Wroblicka, the board voted unanimously to close the hearing. Upon motion by Barry Smith and second by Elizabeth Wroblicka, the board voted unanimously to grant the special permit. 5:45 P. M. Sara Northrup opened the request by Patrick J. Melnik and Alice E. Melnik for a Special Permit to place a ground sign at 110 King St., Northampton, Map ID 31 B-146. Pat Melnick Jr presented application and stated that the proposed sign would replace an existing wall sign. Elizabeth Wroblicka asked how this site is unique and how it would meet the criteria in the zoning. Melnik stated that the handicap ramp makes it difficult to see the wall sign. 1:11M. WMIiITIVI 7�IG7CFi 1�Ci�.F1F2.111 1:351 .ii7�11WO "IN There was no public comment. Upon motion by Barry Smith and second by David Bloomberg, the board voted unanimously to close the hearing. Upon motion by David Bloomberg and second by Barry Smith, the board voted unanimously to grant the permit for the sign. David Bloomberg stepped down due to his conflict representing Valley CDC. 6:00 P.M. Sara Northrup opened request by Valley CDC for a Comprehensive Permit to add 4 residential units to a property at 46-48 School St, Northampton, Map ID 31 D-183. Pat McCarthey on behalf of Valley CDC presented the application. Elizabeth Wroblicka asked for clarification of ownership/applicant. Elizabeth Wroblicka asked about recommendations from the Planning Board and issues about lighting within the plan. The landscape architect presented the light poles location and stated that they would not exceed 5 foot- candles on the site. The poles would be 12' in height. Sara Northrup asked about current paving configuration and the number of parking spaces. There were questions about Department of Public Works issues. Larry O'Connor, former board member of Northampton Housing Trust, spoke in favor of the application. Fran Volkmann, Arlington Street, spoke in favor of the application. Pat Burnes, 192 South Street spoke in favor of the project. Lionel Romain, 852 Westhampton Rd, spoke in favor of project. David Narkiewicz spoke in favor, as ward councilor. Deborah Hertz, homeowner in Baystate spoke in favor of the project. Upon motion by Barry Smith and second by Elizabeth Wroblicka the board voted unanimously to close the hearing. Upon motion by Barry Smith and second by Elizabeth Wroblicka, the board voted unanimously to grant the Comprehensive Permit with the three conditions recommended by the Planning Board and the two suggested by Department of Public Works. 6:45 P.M. Sara Northrup opened the administrative Appeal under MGL 40A, Section 8 by Loretta Gougeon of a Site Plan Approved by the Planning Board at 52 Maple St, Northampton, Map ID 23A-40. Michael Pill asked for a continuance to have time to review Ed Etheredge's findings that were submitted to the Board. The Board discussed whether or not there is a need to continue jurisdictional issues. Upon motion by Barry Smith and second by Elizabeth Wroblicka, the board voted to continue to July 13 at 5:45 PM. Northampton Zoning Board of Appeals Administrator Hearing Minutes of June 22, 2006 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time Chair, Sara Northrup Q Vice Chair, David Bloomberg Malcolm B. "Barry" Smith Bob Riddle Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 4:00 P.M. David Bloomberg opened a request by Kristen Rybczynski to demolish a pre-existing non- conforming deck with a screened porch at 85 Williams St, Northampton, Map ID 32C-202. The applicant presented the project. The contractor further described the layout of the screen porch. There were no public comments. David Bloomberg closed the hearing and issued the Finding. 4:10 P.M. David Bloomberg opened the continuation of the hearing on the request by Kim Rescia for a finding to rebuild a multi -family home destroyed by fire. Peter Frothingham, architect, described the changes analyzed since the initial hearing. Frank Steve, 273 Crescent asked a question about the parking in the rear. James Winton, representing his parents at 280 Crescent asked why one unit could not be eliminated. Heidi Sheller 197 Elm Street stated her opposition to the parking being placed at the rear of the site. Norm Winston, 280 Crescent spoke in opposition to the entire parking plan and the curb cuts. He stated that the second curb cut should not be grandfathered because it was installed within the last few years without appropriate/required permits. Peter Frothingham described the proposed 30" fence and the landscape plantings. Tom Douglas, Crescent Street asked about snow removal and the open space calculations. He suggested that the fence should continue along the frontage with a 5' break for pedestrian walkway up to the front door to ensure that cars wouldn't attempt to park in the front yard in the future. There was further discussion about the parking and the legality of the non -conforming curb cut. David Bloomberg moved to continue the hearing to July 6 at 4 PM only to allow for further investigation and hearing on the timing of the installation of the second curb cut. 4:55 P.M. Request for a Finding by John Risley/Alex Risley -Schroeder expand a pre-existing non- conforming side setback at 29 Columbus Ave., Northampton, Map ID 38B-145. Bob Walker, contractor, presented the proposal. There was no public comment. David Bloomberg closed the hearing and issued the Finding. 5:00 P.M. Request by Jeffrey Dan for a Finding to expand a structure with a pre-existing non -conforming side setback at 20 Fruit St., Northampton, Map ID 32C-121. David Bloomberg disclosed that there had been previous conversations begween the applicant and himself but he had not been engaged with client relations. The applicant presented the project. There were no public comments. David Bloomberg closed the hearing and issued the Finding. 5:05 Adjourn. Northampton Zoning Board of Appeals Administrator Hearing Minutes of July 6, 2006 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time Chair, Sara Northrup Q Vice Chair, David Bloomberg Malcolm B. "Barry" Smith Bob Riddle Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 4:00 P.M. David Bloomberg opened the continuation of the hearing on the request by Kim Rescia for a finding to rebuild a multi -family home destroyed by fire. David Bloomberg stated the reason for the continuation and clarified that he would only hear information remaining related to the status of the two curb cuts. Kim Rescia presented the survey plan obtained at the Department of Public Works that showed the existence of two curb cuts in 1984. Bloomberg and staff discussed the zoning in effect in 1984 that indicated that there was no prohibition on two curb cuts. There was further discussion of the implications of this relative to the entire package of non -conformities. Norm Winston 280 Crescent Street stated his objection to allowing the two curb cuts to continue due to the impact on pedestrians using the sidewalk. James Winston, stated his opposition to permitting multi -family structures to be replaced. Tom Douglas, Crescent Street, asked for clarification of the driveway widths and location. Upon hearing no further comment, Bloomberg closed the hearing and granted the Finding based on the fact that the proposed reconstruction for a 5 -unit home would not be substantially more detrimental to the neighborhood than the previously existing 7 unit home. This determination was based on the fact that the number of units will be reduced, the open space will be increased, the parking access, location and orientation would be improved to improve pedestrian safety and conform with the zoning. Northampton Zoning Board of Appeals Minutes of July 13, 2006 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time Q Chair, Sara Northrup Q Vice Chair, David Bloomberg 6 left. Q Malcolm B. "Barry" Smith Bob Riddle Assoc. Member Q Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 5:30 P.M. Sara Northrup opened a request by Neil and Kerry Homstead for a Special Permit to construct a detached accessory dwelling at 408 North Farms Rd, Florence, Map ID 7-11, 67. Neil Homstead presented the application. The Board discussed issues relating to lot merger and of attaching the existing detached structure to principal structure. Robert Wade, abutter spoke in favor of the project. Elizabeth Wroblicka asked about the assessment of the parcel as a building lot. Al Albano, representing abutter Gary Warner, described history of the lot. He stated his opposition to creating the accessory apartment. He questioned the ability to use a separate access along existing common driveway. He further stated opposition to the location of the structure relative to the proximity of Warner's House. Sara Northrup clarified that it appeared that the proposed accessory structure would be about 400 feet from Warner's house. Upon motion by Barry Smith and second and Elizabeth Wroblicka the board voted unanimously to close the hearing. Upon motion by Elizabeth Wroblicka and second by Barry Smith the board voted unanimously to approve with conditions that title be merged and structures be attached. 6:05 P.M. Sara Northrup opened the continuation of an Appeal by Loretta Gougeon of a Planning Board Site Plan Approval at 52 Maple St, Florence. Michael Pill presented the argument for why the ZBA does not have jurisdiction to rule on the appeal. There were no further comments. Upon motion by Elizabeth Wroblicka and second by Barry Smith, the board voted unanimously to close the hearing. Upon motion by Elizabeth Wroblicka and second by Barry Smith the board voted unanimously to Deny appeal based on 40A 17 for all the reasons mentioned in the appeal, comments by both counsels. Adjourned at 6 PM. Northampton Zoning Board of Appeals Minutes of August 10, 2006 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time Q Chair, Sara Northrup Q Vice Chair, David Bloomberg Malcolm B. "Barry" Smith Q Bob Riddle Assoc. Member Q Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 5:30 P.M. Sara Northrup opened a request by O'Connell Development Group for a Finding to expand a non -conforming front setback at 36 Bedford Terrace & State St. Northampton, Map IDs 31 B-223/229. Peter Wells, Berkshire Design Group, Inc. presented application on behalf of O'Connell Development Group. Kerry Dietz, Dietz and Company Architects presented exterior elevations in response to a request by David Bloomberg about the impact of facades on adjoining properties. David Bloomberg asked about changes to Smith Campus School playground. Elizabeth Wroblicka asked why the building was not located further from the property line. The board discussed with the applicant the issues related to proposed location relative to fitting into the existing structures and not impeding on the playground. Sara Northrup asked about the parking situation. Ed Etheredge, representing Smith College, described the parking allocation. David Bloomberg clarified the expansion issues relative to the lease line and existing 36 Bedford Terrace. Upon motion by Elizabeth Wroblicka and second by David Bloomberg, the board voted unanimously to close the hearing. Sara Northrup restated the issues relative to change in parking area. Upon motion by David Bloomberg and second by Elizabeth Wroblicka the board voted unanimously to grant the Finding as presented for the use of residential dwellings. 6:00 P.M. Sara Northrup opened a request by Bowl New England, Inc. for a Special Permit to erect a new ground sign and a sign taller and larger than allowed at 525 Pleasant St, Northampton, Map ID 39A-37. Shawn McDowell, representing Bowl New England described the application. The Board discussed the heights in the GB district versus the HB district. Upon motion by Elizabeth Wroblicka and second by David Bloomberg, the board voted unanimously to close the hearing. Upon motion by Elizabeth Wroblicka and second by David Bloomberg, the Board voted unanimously to approve the Special Permit with the following conditions as discussed. Prior to issuance of a sign permit, a revised plan shall be submitted to Office of Planning and Development showing: a. The sign as designed on two poles shall have a maximum height of 15'. b. The plans shall indicate that sign lights will be turned off one hour after closing. Lighting for the sign shall conform to the zoning ordinance with a maximum of 20 foot-candles illuminating from the sign (as measured at the sign). The applicant shall submit a statement signed by a lighting engineer indicating that these standards have been met upon installation. 6:15 P.M. Sara Northrup opened the appeal by David Teece of the Building Commissioner's Decision to deny a building permit at 52 Maple St, Florence, Map ID 23A-40. Ed Etheredge presented the appeal on behalf of the applicant. Sara Northrup opened comments to the public. Michael Pill, representing an abutter, asked about statements made by Etheredge. Upon motion by David Bloomberg and second by Elizabeth Wroblicka the board voted unanimously to close the hearing. Upon motion by David Bloomberg and second by Elizabeth Wroblicka the board voted unanimously to deny appeal and uphold Building Commissioner's decision. David Bloomberg moved, Elizabeth Wroblicka second, Board voted unanimously to approve minutes April 27, 13, Mar 9 May 25(2) July 13, 6:30 Adjourn. Northampton Zoning Board of Appeals Administrator Hearing Minutes of August 10, 2006 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time Chair, Sara Northrup Vice Chair, David Bloomberg Q Malcolm B. "Barry" Smith Bob Riddle Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 4:00 P.M. Barry Smith opened the Request by Tim Stokes for a Finding to convert a pre-existing non- conforming barn to a garage/workshop at 115 Bridge St, Northampton, Map ID 32A-241. Tom Miranda, representing the applicant, presented the project. He stated that there would be no commercial use and no residential use of the addition. There was no one present to speak during the public comment. Barry Smith closed the hearing and issued the Finding. Northampton Zoning Board of Appeals Minutes of Sept 14, 2006 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time Q Chair, Sara Northrup Q Vice Chair, David Bloomberg Q Malcolm B. "Barry" Smith Q Bob Riddle Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 5:30 P.M. Sara Northrup opened the request by Dmitri and Rebecca Robbins for a Finding to alter a non -conforming use at 78 Masonic St, Northampton, Map ID 31D-125. David Bloomberg recused himself based on relationship with the property owner. Dmitri Robbins presented application and clarified that this would not be a wholesale operation, but that it would support Woodstar. Margery Hess, 70 Masonic St, spoke in favor of the application. Alex Ghiselin, 164 Riverside Dr and owner of abutting property, spoke in favor. The Board and staff discussed conditions of the use of the front portion of the structure. Upon motion by Bob Riddle and second by Barry Smith, the board voted unanimously to close the hearing. Upon motion by Barry Smith and second by Bob Riddle, the Board voted unanimously to approve Finding with conditions discussed. Sara Northrup left, David Bloomberg returned. 5:45 P.M. David Bloomberg opened the request by Elizabeth Hynes for a Special Permit for a Home Occupation at 69 Old South St, Northampton, Map ID 31D-224. Susan McKenna, co-owner, spoke on behalf of the applicant. There was no public comment. The Board discussed conditions of the number of open studios per year. Upon motion by Barry Smith and second by Bob Riddle, the board voted unanimously to close the hearing and issue the Special Permit with conditions discussed. Northampton Zoning Board of Appeals Administrator Hearing Minutes of September 14, 2006 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. "Barry" Smith Q Bob Riddle Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 4:00 P.M. Bob Riddle opened the request by Request by Reid Kirchenman for a Finding to expand a non -conforming structure at 16 Hancock St, Northampton, Map ID 32A-218. The applicant described the project. Arnold Levinson, 14 Hancock St, spoke in favor of the project. Marilyn Robbins, 14 Hancock Street spoke in favor of the project. Laurena Delapine, owner described the need for the expansion. Bob Riddle closed the hearing and issued the Finding. 4:10 P.M. Bob Riddle opened the request by Alan Verson for a Finding to rebuild a non -conforming structure that burned at 25 Hancock St, Northampton, Map ID 32C-230. Staff described permit requirements and non -conformities that existed on the site. Alan Verson described the project. Marilyn Richards, Ward 3 councilor, spoke in favor. Emery Conz, 22 Hancock St asked for clarification of the front setack requiremtnst. Alex McPhail, 19 Hancock St, asked about the type of permit being requested. Arline Lula, 59 Phillips PI. asked about the garage. Jen Galan, 11 Williams St, asked what would be required to approve the permit. Maria Tymoczko, 28 Pomeroy Terrace, asked about setbacks. Peter Pacosa, 19 Hancock St, asked for further clarification of setbacks. Denny Wolf asked about non -conformities. Jonathan Wright, designer for the applicant, described his experience with developing non -conformities and the permit process. Arnold Levinson, 14 Hancock stated that there was no garage previously and raised the concern about the setback of the garage. There was a discussion of setbacks. Steve Gilson, 29 Pomeroy Terrace, asked about procedures and open space calculations/requirements. McPhail, 19 Hancock, stated his opposition to the garage and the driveway specifically and the project generally. He argued that it would not be less detrimental to the neighborhood. Tymoczko, 28 Pomeroy Terrace, raised a concern about the "junkiness" of the house created by its proximity to the corner. She argued that it should at least be the average of the front setbacks of the other structures. She stated that it should only be allowed to be a single family home and asked about shade trees. Verson stated that he would save the trees and landscaping that are not within the building envelope. Peter Pacosa, 19 Hancock St, gave his version of the historical context of the location and asked that the structure be moved back 3'. There were further comments regarding the zoning requirements and procedures. Bob Riddle closed the hearing and granted the Finding based on facts that the proposed 2 -unit residential structure would not be substantially more detrimental than the previous rooming house. 5:10 P. M. Bob Riddle opened the request by Wright Builders, Inc. for a Finding to expand a non- conforming structure at 6 Edgewood Terr., Northampton, Map ID 3813-36. Jonathan Wright, applicant, presented the project. No members of the public were present. Bob Riddle closed the hearing and issued the Finding. Northampton Zoning Board of Appeals Minutes of October 12, 2006 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time Q Chair, Sara Northrup Vice Chair, David Bloomberg Q Malcolm B. "Barry" Smith Q Bob Riddle Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 6:00 P.M. Sara Northrup opened a request by Todd Marchefka for a Special Permit to erect a fence more than 6.5' tall at 74 Bridge St, Northampton, Map ID 32A-177. Marchefka presented request. Board discussed the need for an 8' fence on the side property line. Board asked the applicant about the height of the picket fence along the street frontage. There was further discussion with the applicant about the possibility of gradually tapering the height of the fence to meet the 3' high frontage fence so that the entire side lot line would not have an 8' fence. The Board discussed a condition that would require the fence to gradually build to 8' from the front lot line to the Elm Tree noted on the plan. Upon motion by Bob Riddle and second by Barry Smith, the Board voted unanimously to approve the 8' fence in the rear and a modified fence along the side with a specific condition relating to the location of the various heights along the side lot line. 6:30 Adjourn. Northampton Zoning Board of Appeals Administrator Hearing Minutes of Nov 9, 2006 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. "Barry" Smith Bob Riddle Assoc. Member Q Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 4:00 P.M. Elizabeth Wroblicka opened the request by Robert Reckman for a Finding to alter a non- conforming porch stairs at 42 Fruit St, Northampton, Map ID 1213-1. Reckman described the project. There was no one present to speak. Elizabeth Wroblicka closed the hearing and granted the Finding. Northampton Zoning Board of Appeals Minutes of December 14, 2006 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time Q Chair, Sara Northrup Q Vice Chair, David Bloomberg Q Malcolm B. "Barry" Smith Q Bob Riddle Assoc. Member Q Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planninq Director Wayne Feiden Q Senior Planner Carolyn Misch 5:30 P.M. Sara Northrup opened a request by Nuttelman Florists, Inc. for a Finding to expand a pre- existing non -conforming use by converting a greenhouse to an employee lounge/business office at 292 Prospect St, Northampton, Map ID 24C-020. Lyn Nuttleman described the concept to take roof off and replace with modular unit. She clarified that no expansion of employment was planned. David Bloomberg asked how high the new structure would be? Nuttleman suggested that it would be 8' taller. Barry Smith asked about the bathtub shown on the floorplans. Nuttleman stated that the graphic was standard from company but there were no plans for living on site. Sara Northrup asked about window styles. Nuttleman stated that picture windows would not be used since there is no retail component. David Bloomberg stated his concern about not seeing the exterior elevations and his concern about the layout shown of the interior and its residential component. Nancy Bradbury 95 Woodlawn Ave. stated concern about the appearance of the modular building. How does this character fit into the neighborhood, given the proximity to Child's Park. Upon motion by David Bloomberg and second by Barry Smith the Board voted unanimously to continue the hearing to 5:30 PM in Council Chambers on January 11 to discuss elevations. 5:49 PM, Sara Northrup opened the request by Lorinda Luce for a Special Permit for a home occupation to create a hair salon at 122 Audubon Rd, Leeds, Map ID 1OB-101. Luce presented application. The Board asked about hours of operation.. The applicant stated five days per week. Applicant stated interest in being allowed to have an employee work at the home. Upon motion by Elizabeth Wroblicka and second by David Bloomberg, the board voted unanimously to close the hearing and issue special permit for the Home Occupation with conditions. 6:05 PM Sara Northrup opened the appeal by Arnold and Marilyn Levinson of a Finding decision issued by the Zoning Board Administrator at 25 Hancock St, Northampton, Map ID 32C-230. Sara Northrup asked staff to review staff report describing the appeal and the zoning requirements. Marilyn Robbins, 14 Hancock St, applicant asked for a single family home or a requirement that it be owner occupied. Barry Smith asked if there are any other 2- family structures in neighborhood. Marilyn stated concerned that four unrelated people could live in a unit and therefore could become a de facto rooming house. The Board discussed the Finding standard and pointed out that applicant stated that 2 family is better than the previous condition. Arnold Levinson, 14 Hancock St, raised concerns about the footprint of the project, safety relative to the location at the intersection of two streets. Emery Conz, 22 Hancock St stated that the building should be set back from the street further. Peter Pacosa, 19 Hancock St, stated a concern about the unfinished attic being used in the future. Alan Verson explained the setbacks and stated that the footprint is smaller than the previous structure on the site. Maria Tymoczko, 28 Pomeroy Terrace, stated confusion between the terms used for zoning versus what the assessors use. She argued that the Board should require conditions that the condominium units be owner -occupied, that the mature trees be retained on site and that the building be pushed further back. The Board clarified that Verson stated he would sell the condominiums but the Board would not address this as part of the permit. The Board discussed issues and nature of appeal relative to the effect it would have on the initial decision. Upon motion by David Bloomberg and second by Barry Smith, the board voted unanimously to close the hearing and deny the appeal thereby upholding the original decision with additional conditions.