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24D-004 229 Prospect Street PB Reduction in Dimensional and DensityPlanning - DecisionCity of Northampton Hearing No.:PLN-2010-0025Date: December 11, 2009 APPLICATION TYPE:SUBMISSION DATE: PB Special Permit with Intermediate 11/23/2009 Applicant's Name:Owner's Name: NAME: NAME: MCGHEE WILLIAM OMCGHEE WILLIAM O ADDRESS:ADDRESS: 229 PROSPECT ST229 PROSPECT ST TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: NORTHAMPTONMA01060NORTHAMPTONMA01060 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 229 PROSPECT ST URB(100)/ TOWN:ADDRESS: ACTION TAKEN: NORTHAMPT0N MA 01060 Approved MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 24D004001 Chpt. 350-6.3: Reduction of Dimensional and TOWN:STATE:ZIP CODE: Density Regulations Book:Page: 3823002 PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: CONSTRUCT 22 X 14 ADDITION(projects into one of the two required front yard setback. HARDSHIP: CONDITION OF APPROVAL: FINDINGS: The Planning Board approved the application for a special permit for front setback reduction for the existing single family home along Hayes Avenue side of the corner lots based on the plans and information submitted with the application. The single family house front setback for the secondary front lot line of the corner lot was reduced from 20' to 16.5.’ In granting the permit, the Board found that the following required elements had been met: (1) The requested use protects adjoining premises against seriously detrimental uses. The reduction enables a small expansion to the side of the house on an existing single family home. The setbacks are comparable to those within the neighborhood and the primary front setback along Prospect Street exceeds the minimum 20'. (2) The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, minimize traffic impacts on the streets and roads in the area. Other than the addition, no other site changes are anticipated to the existing lot. (3) The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area; There is no change to the conforming use. (4) The requested use will not overload, and will mitigate adverse impacts on, the City's resources including the effect on the City's water supply and distribution system, sanitary and storm sewage collection and treatment systems, fire protection, streets and schools; and (5) The requested use meets all the special regulations set forth in this chapter (6.3-B)= (1) The new dimensional requirements must be at least as stringent as the median of that dimension for all lots where any portion of those lots is within 300 feet of the subject parcel and within the same zoning district as the subject parcel (the median front setback is 16')l; and (2) The requested special permit will provide infill development, and (3) A list of all applicable dimensional measurements for lots within 300 was filed with the special permit application as described in the zoning ordinance; and. (6) The requested use bears a positive relationship to the public convenience or welfare. The use will not unduly impair the integrity of character of the district or adjoining zones, nor be detrimental to the health, morals, or general welfare. This neighborhood has a mix of units of various sizes at various (not uniform) setbacks from the street. The use is in harmony with the general purpose and intent of the ordinance; and GeoTMS® 2009 Des Lauriers Municipal Solutions, Inc. Planning - DecisionCity of Northampton Hearing No.:PLN-2010-0025Date: December 11, 2009 (7) If applicable, the requested use will promote City planning objectives to the extent possible and will not adversely affect those objectives, as defined in City master or study plans adopted under MGL c. 41, § 81C and 81D. The plan calls for creation of a mix of residential types and infill within this portion of the city. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 11/19/200912/3/200912/24/2009 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 11/26/20091/27/201012/10/200912/24/200912/31/2009 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 11/26/200912/10/200912/10/200912/11/2009 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 12/3/20098:00 PM3/10/20103/10/2010 MEMBERS PRESENT:VOTE: Katharine G. Bakervotes toGrant Stephen Gilsonvotes toGrant Jennifer Dieringervotes toGrant Mark Sullivanvotes toGrant Francis Johnsonvotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Jennifer DieringerKatharine G. Baker5Approved MINUTES OF MEETING: Available in the Office of Planning & Development. I, Carolyn Misch, as agent to the Planning Board, certify that this is a true and accurate decision made by the Planning Board and certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date shown above. I certify that a copy of this decision has been mailed to the Owner and Applicant. ___________________________________ Notice of Appeal An appeal from the decision of the Planning Board may be made by any person aggrieved pursuant to MGL Chapt. 40A, Section 17 as amended within twenty (20) days after the date of the filing of the notice of the decision with the City Clerk. The date is listed above. Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of the City of Northampton. GeoTMS® 2009 Des Lauriers Municipal Solutions, Inc.