06-08 Map 29-495 405 Ryan Rd Staff Report
Nathan Chung, Land Use Planner ▪ NChung@NorthamptonMA.gov ▪ (413) 587-1262
Staff Report
PERMIT TYPE PUBLIC HEARING
DATE
OWNER EXISTING USE
ZBA 6/8/2023 C. Philip Andrikidis Single-family residence
PROPERTY ADDRESS/PARCEL ID/ZONE/LOT SIZE
405 Ryan Rd, Florence, MA/Parcel 29-495-001/WSP zone/0.4592 acres
APPLICATION URL
Direct link:
http://archive.northamptonma.gov/WebLink/Browse.aspx?id=768056&dbid=0&repo=CityOfNortham
pton
(*Parent folder link if you have trouble using the direct link. Locate the application folder by Parcel ID:
https://northamptonma.gov/pending)
Summary of Request
The owner-applicant is proposing to install an 8’6” tall fence between his property and 415 Ryan Rd to
the left of the property to create a more private atmosphere in the yard and prevent any future
altercations with the current residence at 415 Ryan Rd. The fence will be 114 feet long in the backyard
area. No fence will be in the front yard. The applicant also has a neighbor at 395 Ryan Rd to the right of
the property, and the applicant is NOT proposing a fence
on that side of the property. The diagram above shows the
proposed fence as a black line. To the right is a sample of
the fence material. Applicable Laws
350-6.8E: “…In residential districts, no fence shall exceed a
height of 6 1/2 feet (eight feet when abutting a
nonresidential district) unless a special permit has been
received from the Zoning Board of Appeals.”
350-10.1C Special permit criteria Compliance with Zoning
Since the over-height fence is not creating other zoning violations, the staff is not listing any possible
existing zoning violations. It is listing the 350-10.1C Special permit criteria.
“C. A special permit may only be granted, and is only valid, when the ordinance specifically authorizes
the issuance of a special permit for that use. Before granting an application for a special permit, the
special permit granting authority must find all of the following criteria are met:
(1) The requested use protects adjoining premises against seriously detrimental uses. If applicable, this
shall include provision for surface water drainage, sound and sight buffers and preservation of views,
light, and air; and
(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. If
applicable, this shall include considering the location of driveway openings in relation to traffic and
adjacent streets, access by emergency vehicles, the arrangement of parking and loading spaces, and
provisions for persons with disabilities; and
(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; and
(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 any special regulations set forth in this chapter, including consistency with
the intent of the character-based zoning districts as written in §§ 350-21 and 350-22, when applicable;
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. The use shall be in harmony with the general purpose and intent of
the ordinance; and
(7) If applicable, the requested use will promote City planning objectives to the extent possible and will
not adversely effect those objectives, as defined in City master or study plans adopted under MGL c. 41,
§ 81C and 81D.” Other Issues
Not known. Staff Decision Recommendation
The board should consider the reason for the fence and why the existing or additional landscaping
would not be sufficient. It should consider the impact of the proposed fence on factors such as safety,
aesthetics, and vegetation. The height may be appropriate for privacy, but the board should consider
other fencing materials that are more conventional and in line with materials used in the neighborhood.
It should clarify maintenance responsibility for the fence.
☐ Approve ☒ Approve with Conditions ☐ Deny Staff Condition Recommendation
1. If approved, the fence should not project beyond the rear side of the neighbor’s residential
structure.
2. Other conditioned determined by the Board based on public hearing comments.