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22D-044 (2) File #44 APPLICANT/CONTACT PERSON:DAMON MICHAEL P&DIANA 41 AQUA VITAE RD HADLEY, MA 01035 PROPERTY LOCATION 78 RYAN RD MAP:LOT 22D-044-001 ZONE THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM FILLED OUT Building Permit Filled out Fee Paid $30.00 Type of Construction: ZPA -TRANSFER OF LAND BETWEEN 78 RYAN RD AND 74B RYAN RD New Construction Non Structural Renovations Addition to Existing Accessory Structure • Building Plans Included: Owner/ Statement or License 3 sets of Plans/Plot Plan Driveway Grade% THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFORMATION RESENTED: ' gS ku 1 RCS A ki /1 •S. `- 'R k ` L n 1.111)11 C Approved Additional permits required(see below) 3 Howl jC, Oer,.1 SA'Act":". CiLcuLATY olJS PLANNING BOARD PERMIT REQUIRED UNDER:§ Intermediate Project: Site Plan AND/OR Special Permit With Site Plan Major Project: Site Plan AND/OR Special Permit With Site Plan ZONING BOARD PERMIT REQUIRED UNDER: § Finding Special Permit Variance* Received&Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation Commission Permit from CB Architecture Committee Permit from Elm Street Commission Permit DPW Storm Water Management Demolition Delay • . 6 tP d3 Sig ature of Building Official I Date Note: Issuance of a Zoning permit does not relieve a applicant's burden M comply with all zoning requirements and obtain all required permits from Board of Health,Conservation Commission,Department of public works and other applicable permit granting authorities. *Variances are granted only to those applicants who meet the strict standards of MGL 40A.Contact Office of Planning&Development for more information. r� - EI V ED File No. �7 JUL 12 20 23 ZONING PERMIT APPLIC TI(N . 1•.. Pi - I Please type or print all information and return this form ' g Inspector's Office with the $30 filing fee (check or money order)paya• • to the City of Northampton 1. Name of Applicant:Attorney John McLaughlin for Michael and Diana Damon Address: 77 Pleasant Street, Northampton MA Telephone:413-586-0865 2. Owner of Property: Michael and Diana Damon Address: 41 Aqua Vitae Rd, Hadley Telephone:413-237-5032 3. Status of Applicant: Owner X Contract Purchaser Lessee Other (explain) 4. Job Location:78 Ryan Rd and - 74B Ryan Rd, Northampton Parcel Id: Zoning Map# Parcel# District(s): In Elm Street District In Central Business District (TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure/Property: 78 Ryan Road is a single family residence. 74B Ryan Road is a commercial machine shop. 6. Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary): Property owners intend to transfer 21,037 square feet of land from 78 Ryan Road to 74B Ryan Road.Currently 78 Ryan Road has an area of 111,591 square feet and 748 Ryan Road has an area of 26,005 square feet.After the transfer,78 Ryan Road will have an area of 90,554 square feet and 74B Ryan Road will have an area of 47,041 square feet.This transfer is in conformity with§350-9.3 and will be effectuated through ANR and subsequent deeds.This transfer requires zoning permit pursuant to 350-4.4 because through the transfer owners will be changing the lot coverage on 78 Ryan Road by reducing the area for the existing structures.See attached memorandum and sketch. 7. Attached Plans: Sketch Plan X Site Plan Engineered/Surveyed Plans 8. Has a Special Permit/Variance/Finding ever been issued for/on the site? NO X DONT KNOW YES IF YES, date issued: IF YES: Was the permit recorded at the Registry of Deeds? NO DONT KNOW YES IF YES: enter Book Page and/or Document# 9.Does the site contain a brook, body of water or wetlands? NO DONT KNOW probably YES IF YES, has a permit been or need to be obtained from the Conservation Commission? Needs to be obtained n/a Obtained , date issued: (Form Continues On Other Side) W:\Documents\FORMS\original\Building-lnspector\Zoning-Permit-Application-passive.doc 8/4/2004 O1 (/ ' h h�ll�lta►►�S � ml�)es Jr1C�c?v� �i�� �reenn-�,%�s• CGM reen CCn^ 10. Do any signs exist on the property? YES X NO IF YES, describe size, type and location: Existing sign on 74B Are there any proposed changes to or additions of signs intended for the property? YES NO X IF YES, describe size, type and location: 11. Will the construction activity disturb (clearing, grading, excavation, or filling)over 1 acre or is it part of a common plan of development that will disturb over 1 acre? YES NO x IF YES, then a Northampton Storm Water Management Permit from the DPW is required. 12. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION This column reserved for use by the Building Department EXISTING PROPOSED REQUIRED BY ZONING Lot Size n/a n/a Frontage n/a n/a Setbacks Front n/a n/a Side L: n/a R: n/a L: n/a R: n/a L: R: Rear n/a n/a Building Height n/a n/a Building Square Footage n/a n/a %Open Space: (lot area minus building E paved n/a n/a parking #of Parking Spaces n/a n/a #of Loading Docks n/a n/a Fill: n/a n/a (volume It location) 13. Certification: I hereby certify that the information con 'n herein is true and accurate to the best of my knowledge. Date: Applicant's Signature NOTE:Issuanc of a zoning permit does not r li e an applicant burden to comply with all zoning requirements and obtain all required Is from the Board of Health,Conservation Commission, Historic and Architectural Boards,Dep ent of Public Works and other applicable permit granting authorities. W:\Documents\FORMS\original\Building-Inspector\Zoning-Permit-Application-passive.doc 8/4/2004 GML GREEN MILES LIPTON, LLP ATTORNEYS AT LAW JOHN J.GREEN,JR. 77 PLEASANT STREET HARRY L.MILES P.O.BOX 210 ROGER P.LIPTON NORTHAMPTON,MA 01061-0210 JOHN M.MCLAUGHLIN* PHONE(413)586-8218 *ALSO ADMITTED IN CONNECTICUT FAX(413)584-6278 MICHAEL PILL (Main Office) SUSAN L.MILES DAVID C.KUZMESKI,OF COUNSEL WESTFIELD OFFICE: BRAD A.SHIMEL,OF COUNSEL 48 EAST SILVER STREET,SUITE 5 RAYMOND W.ZENKERT,JR.,OF COUNSEL*** WESTFIELD,MA 01085 ***ALSO ADMITTED IN OHIO&MICHIGAN PHONE(413)642-8367 BRIAN L.BLACKBURN(Dec.) FAX(413)579-5357 www.greenmites.com July 7,2023 I. Proposed Project My client Michael Damon owns the property known as 74B Ryan Road. My client Diana Damon owns the property known as 78 Ryan Road with her husband Michael Damon. This memorandum is in support of my clients' application for Zoning Permit. Specifically, the Zoning Permit is for my clients' proposed project whereby they intend to transfer 21,037 ft.2 of land from the 78 Ryan Road property to the 74B Ryan Road property. My clients intend to do this by obtaining an Approval Not Required ("ANR") endorsement from the City Planning Board and then making the transfer by deed. This transaction will require a Zoning Permit from you because through this transfer my clients will be changing the lot coverage on the 78 Ryan Road property. There will be no construction with this proposed project; the existing buildings on the 78 Ryan Road property will stay the same. However, by significantly reducing the size of the lot they will be altering the existing lot coverage. Thus,we are required to obtain a zoning permit from you pursuant to § 350- 4.4, which provides "It shall be unlawful for any owner ... to ... change the... lot coverage... of any... lot without applying for and receiving from the Building Commissioner a zoning permit therefor." It is my hope that you will issue a Zoning Permit that provides that this land transfer can occur as of right and the ANR endorsement from the City Planning Board is all that my clients need from the City to move forward with the proposed project. I know you are familiar with these properties because of our prior extensive communication. I am sure you recall Ms. Carolyn Misch, Director of the Planning and Sustainability Department, initially told my client Michael Damon that the 78 and 74B Ryan Road properties had merged. Subsequent to our discussions, I had much interaction with city officials including giving them a draft of the Land Court Complaint. Ms. Misch is now referring to the 78 2 and 74B Ryan Road properties as separate lots. Ms. Misch sent me an email dated March 31,2023 mentioning the proposed project: "I didn't see a concept ANR. It is hard to respond without something. If you could forward a concept sketch of what you are proposing to have Randy delineate in a new survey for an ANR, that would be helpful. Because each lot has a distinct existing building and use (not accessory to one another), lot changes that don't increase the non- conformity or create a nonconformity of the property(ies) could be made." (Emphasis added). We have filled out the application for the zoning permit. Additionally, Mr. Izer has drafted a sketch/plan depicting the proposed project, attached hereto as Exhibit A. Mr. Izer intends on performing an actual on-the-ground survey if the Zoning Permit is received indicating that the ANR endorsement is all that is required from the City. Without doing the actual survey work it is difficult to come up with some of the numbers for the application, especially in regard to the various setback numbers. Yet,the proposed project entails moving back land from one property to the other and it will have no effect on the setback number requirements. In response to the email request by Ms. Misch (See above), she has met with Mr. Izer to discuss the proposed project and the dimensional issues. Mr. Izer utilized the sketch of the project and went over the dimensions with Ms. Mitch. As a result of that meeting, is my understanding that Ms. Misch stated that she believed the proposed project is in compliance with the ordinances. II. The Project Conforms with the City Ordinances. In order for my clients to transfer land from one property to another, there should be two properties. As you may recall, the 78 Ryan Road property and the 74B property are not used "as a single lot would customarily be used." See Definition of"lot" § 350-2-1. While there may be some commonality of ownership of the two properties, the 78 and 74B Ryan Road properties are indeed two separate lots. Regarding the transfer of land from one property to the other, the key ordinance is subsection (c)(1) of § 350-9.3. "Change, extension or alteration of legally preexisting nonconforming structures, uses, or lots,"which provides: C. A preexisting nonconforming lot may be changed, extended or altered: (1) As-of-right if such change, extension or alteration to the lot does not increase the nonconforming nature of the property, only brings the lot into total conformance with the zoning requirements in existence at the time of said change, extension or alteration, or adds to the lot.] 3 While the legal status of both properties depends to a certain extent on prior nonconforming rights, the proposed project can still go forward as of right, because it will be in conformity with § 350- 9.3(c)(1). Please realize that through this proposed land transfer: we are not changing the frontage of either property; we are not changing the location of any structures; we are not undertaking any construction at all such that there should be no conservation commission issues;and the land being transferred is located far away from any land being utilized for setback requirements. By the removal of 21,037 ft.2 from the 78 Ryan Road Property, 90,554 ft.2 will remain. This is more than the 80,000 ft.2 referenced in the dimensional provisions pertaining to the Water Supply Protection ("WSP"). See Chapter 350 Attachment 24. Most importantly, through this transaction we will not "increase the nonconforming nature" of the 78 Ryan Road property. Therefore, the transfer of land out ofthe 78 Ryan Road property will be in conformity with § 350- 9.3(c)(1). By adding 21,037 ft.2 to the 74B Ryan Road property we will be making that property less nonconforming. The transfer will not bring the area of the 74B Ryan Road property up to 80,000 ft.2 in area, but it will be a significant improvement. The new lot will not be quite double the size of the existing property but it will make the property much more compliant. The existing 74B Ryan Road property is 26,005 ft.2 in area and after the transfer, it will have 47,041 ft.2 in area. The transfer of land into the 74B Ryan Road property will be in conformity with § 350-9.3(c)(1) because the transfer"adds to" a prior nonconforming lot and the transfer of land into. III. Conclusion I hope you agree with Ms. Misch and determine that my clients' proposed project is in conformity with the zoning ordinances. From a zoning point of view,the project can be undertaken as of right, such that the only relief my clients need from the City is the ANR endorsement. If that is the case,please issue a Zoning Permit to that effect. As always,please feel free to give me a call if you have any questions or would like to discuss this matter. V• ► ly yo s, rohn M. McLaughlin Email:jmclaughlin@greenmiles.com APPROVAL UNDER THE SUBDIVISION CONTROL LAW NOT REQUIRED PLANNING BOARD NORTHAMPTON,MASSACHUSETTS THE AREAS SHOWN HEREON ARE BASED ON EXISTING PLANS PATE. AND ARE SUBJECT TO CHANGE 'PLANNING BOARD ENDORSEMENT UNDER THE ONCE THE NEW SURVEY IS DONE. SUBDIVISION CONTROL LAW SHOULD NOT BE CONSTRUED AS EITHER AN ENDORSEMENT OR AN APPROVAL OF ZONING REQUIREMENTS' RYAN ROAD 72.17. N °T ox O Rn U S FF 5 Lc) ul 0 v 4. CO 71 A J O Z -.N FF f sir N t m 71 t- 0 I, _, yc O 0-,p S T ,• I New 78 90,554± SQ. FT. Existing 78 111,591± SO. FT. LEGEND O FOUND IRON PIN • IRON PIN TO BE SET O FOUND CONCRETE BOUND ■ FOUND STONE BOUND .+---S -BARBED MIRE FENCE cccacecco STONE WALL A UNMARKED POINT "SUBDIVISION APPROVAL NOT REQUIRED" PLAN OF LAND IN NORTHAMPTON, MASSACHUSETTS PREPARED FOR MICHAEL P. & DIANA DAMON I REPORT THAT THIS PLAIT ABS BEEN PREPARED AT CONFORMITY //^\ SCALE: I'-40• MAY 17,2023 frr/�.. \\ HARED L EATON AND ASSMAATES,INC. WITH THE RULES AND REGULATIONS OF THE REGISTERS ! 3 REGISTERED PROFESSIONAL LAND SURVEYORS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETIS. 235 RUSSELL STREET-HADLEY-MASSACHUSETTS 413-584-7599 413-585-5976(fax) amaII - NeVlan0a01.can RANDALL E.IZER 1135032 0 40 b 120