07-27 Map 38A-049 23 Laurel St Staff Report
Nathan Chung, Land Use Planner ▪ NChung@NorthamptonMA.gov ▪ (413) 587-1262
Staff Report
PERMIT TYPE PUBLIC HEARING
DATE
OWNER EXISTING USE
ZBA 7/27/2023 The City of
Northampton
Vacant developable lot
PROPERTY ADDRESS/PARCEL ID/ZONE/LOT SIZE
23 Laurel St
Parcel 38A-049-001
Zone: PV with Sustainable Growth C overlay
Lot size: 1.62
APPLICATION URL
Direct link:
http://archive.northamptonma.gov/WebLink/Browse.aspx?id=771516&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 applicant, Valley CDC, is proposing to install an 8-feet tall cedar fence on the south property line on
1.62 acres of vacant land owned by the City of Northampton. Valley CDC has an option to purchase this
land for the purpose of creating affordable housing. This application is based on a request from the
neighbor who abuts the property line of the proposed fence. The neighbor wishes for more privacy with
the higher fence. 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
1. The board should consider the applicant’s testimony, public comments, and the impact of the
fence.
2. The board should seek to clarify the location of the fence in relation to the property line and the
maintenance responsibilities.
3. The board should clarify whether the applicant is certain about using cedar at the time of fence
installation. The application specifically lists cedar as the fence material.
☒ Approve ☐ Approve with Conditions ☐ Deny Staff Condition Recommendation
None exception for other conditions determined by the board based on public hearing comments.