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2005 ZBA minutes (2)Northampton Zoning Board of Appeals Minutes of January 13, 2005 Council Chambers, 212 Main Street, Northampton, MA Members Present: Time 0 Chair Bob Riddle 0 Vice Chair, Sara Northrup 0 David Bloomberg 0 Malcolm B. "Barrv" Smith, Assoc. Member 0 Elizabeth Wroblicka, Assoc. Member Staff Present: Time I Planning Director Wayne Feiden 0 I Senior Planner, Carolyn Misch 5:30 P.M. -Bob Riddle opened the Request by Richard Ingersoll for a Variance from the dimensional standards to allow an existing structure to be used as a single-family residence at 3 Riverbank Rd., Map ID 25-75. Alan Verson, representing applicant, described request for use of the existing building as a residence. He described the property and its history of its use for 25 years as a single family house. There are no proposed changes to the site or use. Verson described how the applicant satisfies the statutory requirements and that it represents an historical anomaly. This situation would never happen today. No board department would approve this if it were being requested today. Property is unique in that it is not located within the flood zone. David Bloomberg and Sara Northrup asked for clarification of lots and grandfathering. Elizabeth Wroblicka asked for clarification of the SC zoning. Linda Scott 35 Riverbank Road spoke in favor of the variance. David Bloomberg stated that requirements have been met and he felt the property was unique. ZBA clarified current legal status and that the violations are well beyond the statute of limitations. Sara Northrup pointed out concern about hardship and value already gained. The Board discussed what would be more important the SC or the Floodplain hardship. Sara Northrup stated that the use was condoned by Department of Public Works, and the building inspector overlooked it or condoned project with water hook up. Board of health etc. Upon motion by David Bloomberg and second by Sara Northrup the board voted unanimously to close the hearing. Upon motion by David Bloomberg and second by Sara Northrup to board voted unanimously to grant variance based on: 6: 45. Upon motion by Sara Northrup and second by David Bloomberg, the board voted unanimously to Close meeting. Northampton Zoning Board of Appeals Administrator Meeting Minutes of January 13, 2005 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm "Barry" Smith 0 Bob Riddle, Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time I Planning Director Wayne Feiden 0 I Senior Planner, Carolyn Misch 4:00 P.M. -Bob Riddle opened a request by Robert Kanig for a Finding to expand a pre-existing non- conforming side setback on Florence Road. There was discussion about buffering for rear property abutter. No abutters were present. The Board closed the hearing and issued the Finding upon determining that the expansion would not be substantially more detrimental than the existing conditions. Northampton Zoning Board of Appeals Minutes of January 27, 2005 Council Chambers, 212 Main Street, Northampton, MA Members Present: Time 0 Chair Bob Riddle Vice Chair, Sara Northrup David Bloomberg 0 Malcolm B. "Barrv" Smith, Assoc. Member 0 Elizabeth Wroblicka, Assoc. Member Staff Present: Time I Planning Director Wayne Feiden 0 I Senior Planner, Carolyn Misch 5:30 P.M. -Bob Riddle opened the request by Wright Builders for a Special Permit to construct a detached accessory apartment at 49 West Parsons Ln., Map ID 35-264. Jonathan Wright, representing the owner, described the project. Barbara Malinowski of 40 W. Parsons Lane spoke in opposition to the project. A number of residents stated their concern about parking and renting of this unit in their neighborhood. Barry Smith asked about the impairment of views that the new structure would create. Malinowski said there would be none, that the major concern was parking on street and renters. Elizabeth Wroblicka asked about landscaping between the building and the street. Steve Malinowski 40 W. Parsons Lane stated that there were a total of 4 cars on the parcel. Don Morrison 67 W. Parsons Lane asked about the drainage easement. Elizabeth Wroblicka asked about any interest in buffering by the neighbors. Don Morrison said he would rather see an attached unit and was not concerned about a buffer. Barbara Maliowski asked about heights of the existing house versus the proposed apartment. Wright responded. Upon motion by Barry Smith and second by Elizabeth Wroblicka, the board voted unanimously to close the hearing. Riddle read comments from Department of Public Works. The Board discussed the criteria Upon motion by Elizabeth Wroblicka, and second by Barry Smith the board voted unanimously to approve the special permit with the conditions below. Water and sewer lines must be extended from the single family house. No work within the drainage easement can be done without approval by Department of Public Works. Zoning Board of Appeals Administrative Meeting March 10, 2005 4:00 PM-David Bloomberg opened the meeting Bruce Young was present for the City of Northampton Office of Planning and Development Bob Reckman of Bob Reckman Construct Associates, 36 Service Center, Northampton, MA presented plans for a proposed addition, deck and garage to a single-family house (Map 24C, Parcel 117) owned by Barbara Kellum of 16 Fifth Avenue, Northampton, MA 01060. Mr. Reckman submitted pictures of the property to be recorded into the file. He also informed the Board that an existing stormdrain line is located somewhere on the property (possibly under the house) and needs to be relocated if the proposed work is to commence. According to Mr. Reckman, the Northampton Department of Public Works (DPW) will relocate the stormdrain line on the outer edge of the property, if the property owner is willing to pay for the cost of the project. In addition to the relocation costs, the Northampton Department of Public Works normally requires a 30' easement for this type of work, but Mr. Reckman stated that the DPW is willing to agree upon a 20'easement due to the relatively small size of the parcel and the fact that the parcel is located in an Urban Zoning District. David Bloomberg granted the finding with the following conditions: 1. Prior to the issuance of a building permit, the owner shall relocate all stormdrain lines on the property as deemed necessary by the Department of Public Works to ensure that no structure, including the proposed garage and deck, is built on top of the city storm drain or within an agreed upon distance from the city storm drain line as determined by the Department of Public Works. 2. Any relocation of storm drains shall be completed in conformance with requirements of the Department of Public Works. 3. Prior to the issuance of a building permit, an easement in form and context acceptable by the Department of Public Works to accommodate the new storm drain lines, shall be granted to the City of Northampton. The work is subject to satisfying all Northampton Department of Public Works requirements with respect to existing storm drain lines and replacement stormdrain lines including: Installing new stormdrain lines that would run from the southeastern edge of the property to the northeastern edge and from the northeastern edge to the northwestern edge of the property. Granting an easement to the City of Northampton in form and context acceptable by the Northampton Department of Public Works to accommodate the new stormdrain lines. The hearing was closed at 4:40 PM Northampton Zoning Board of Appeals Minutes of March 24, 2005 Wayne Feiden's Office, 210 Main Street, Room 1 ONorthampton, MA. Members Present: Time 0 Chair Bob Riddle 0 Vice Chair, Sara Northrup 0 David Bloomberg 0 Malcolm B. "Barrv" Smith, Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time I Planning Director Wayne Feiden 0 I Senior Planner, Carolyn Misch 5:35 P.M. -Bob Riddle opened the hearing on a request by Nelson Shifflett/Firehouse Realty, Inc. for a Finding to build a 1,992 square foot expansion on a lot that is non-conforming for lot layout and frontage at 340 Riverside Dr, Map ID 30A-76. Nelson Shifflett presented the application. There was a discussion of the Department of Public Works easement. Upon motion by Sara Northrup and second by David Bloomberg, the Board voted unanimously to close the hearing. Upon motion by Sara Northrup and second by David Bloomberg, the Board voted unanimously to approve the permit. Northampton Zoning Board of Appeals Minutes of May 12, 2005 Council Chambers, 212 Main Street, Northampton, MA Members Present: Time Chair Bob Riddle 0 Vice Chair, Sara Northrup 0 David Bloomberq 0 Malcolm B. "Barry" Smith, Assoc. Member 0 Elizabeth Wroblicka, Assoc. Member Staff Present: Time I Planning Director Wayne Feiden 0 I Senior Planner, Carolyn Misch 5:40 P.M. -Sara Northrup opened the request by Mark Miller for special Permit for a home occupation at 244 West Farms Road to conduct a recording studio. Mark Miller, 8 Stockwell Road Hadley presented the application. He stated that the design included sound protection of four times the level of standard house of a residential wall. It included double wall construction. Barry Smith asked about the ability to sound proof a building and whether a special permit condition about noise would be acceptable. David Bloomberg asked about different noise levels and ambient noise. He clarified that the special permit was only because there would be more than one visit per day. Miller clarified sound proofing and stating that he would have no problem with a noise condition. He stated the average trip per day would be similar to someone who had a standard social life. Business would be by appointment only and restricted to artists without friends. Bands would come only about one to two times per week. Elizabeth Wroblicka asked about parking spaces. Mark Miller stated that there would be four spaces. Sara Northrup asked about accessory buildings. Miller stated that only one of two buildings on site would be used. Elizabeth Wroblicka asked about the proposed fence. Miller stated that it would be a 6' stockade fence. Sara Northrup asked about the hours of operation. Miller said 10-6 PM. David Bloomberg asked about hourly rate charged and cost of sound proofing ? Miller responded, "40/hour and $27-33,000 total". Miller described the soundproofing technique -air space, insulation would be in accord with industry standard. Elizabeth Wroblicka asked about special deliveries. Miller stated that there would be none. Barbara Rikask, of Florence Road read a letter from Councilor LaBarge. Susanne Bargis of Golden Drive (speaking for her parents at 242 W Farms Road) stated her concerns about the impact on her daughter who visits grandparents and the type of music to be played. She handed out copies of website referencing the applicants business clients. She emphasized her concern about the impact on the neighborhood and its values. Barry Smith addressed the concern about assumptions about musicians and the type of music, stating that it was not the topic of the hearing. He asserted that LaBarge's letter had conflicting comments regarding traffic impacts. Germain D'Astous, 242 W Farms Road stated her concern about the large fence blocking views of the cemetery. David Bloomberg assumed the fence would reduce sound. Miller stated that the purpose of the fence was to block the view of cars from the abutters. The fence would be located at the back of the property. Lori Broder Heihsel, 254 W. Farms Rd. addressed her concern about noise and people loitering. Ginny Duryee, 262 W. Farms raised concerns about the operation of a business at this location and the extra truck traffic. Barry Smith asked about a sound proofing condition. George Eastman, 8 Tiffany Lane stated his concern about lots of people loitering. Bill Martinez, 4 Tiffany Lane stated that he didn't want a fence that might impact trees. He also stated a concern about fire safety. Anita Dee 244 W. Farm Rd and current owner suggested areas of consensus and described the existing conditions and stated that the unique qualities of site necessitates alternative use of the structures. These buildings are not typical garages and can only be used for non-residential purposes. Joe Sicman 5 Tiffany Lane voiced his concern about the number of vehicle trips per day. Ann Chase, 15 Tiffany Lane spoke in opposition. Rose Broderu 254 W. Farms Road spoke in opposition. Suzanne Bargis, again opposed the project. Miller described his business in more detail. Elizabeth Wroblicka asked about hours of operation. David Bloomberg described concern about intensity of business. The Board discussed issues. Upon motion by Barry Smith and second by David Bloomberg the board voted unanimously to close the hearing. The Board discussed permit conditions. The Board voted to recess and reconvene in Wayne Feiden's office to allow the Planning Board to open their meeting. The Board reconvened at approx 7:35 PM. The applicant approached the board and stated that given the "climate of hostility" he didn't want to continue. The Board confirmed that Miller was requesting a withdrawal. Upon motion by David Bloomberg and second by Barry Smith, the Board voted unanimously to grant the request to withdraw without prejudice. There was a brief discussion of the request by the Academy of Music to extend their ground sign permit for a year. The Board had no concerns. Upon motion by David Bloomberg and second by Elizabeth Wroblicka, the Board voted unanimously to approve the request. Upon motion by Barry Smith and second by Elizabeth Wroblicka, the board voted unanimously to adjourn. Northampton Zoning Board of Appeals Minutes of May 26, 2005 Council Chambers, 212 Main Street, Northampton, MA Members Present: Time 0 Chair Bob Riddle Vice Chair, Sara Northrup David Bloomberg 0 Malcolm B. "Barrv" Smith, Assoc. Member 0 Elizabeth Wroblicka, Assoc. Member Staff Present: Time I Planning Director Wayne Feiden 0 I Senior Planner, Carolyn Misch 5:30 P.M. -Bob Riddle opened public hearing on request by Brian Baxa to erect a sign for a Home Office at 58 Glendale Rd., Florence, MA Map ID 42-107. Baxa described the application for a one square foot sign. Elizabeth Wroblicka asked for the location. 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 application. 5:45 P.M. Bob Riddle opened the request by Tom Arnold for a special permit for a Home Occupation physical therapy practice at 40 Norfolk Ave. Northampton, Map ID 24A-154. Staff read a letter of request to withdraw the permit. Andrew Siegel of 55 Roe Avenue requested the Board accept the withdrawal with prejudice, arguing that the abutters had no notice of the withdrawal. Charles Dragon of 44 Roe Ave stated anger over lack of notice of the request to withdraw. Upon motion by Barry Smith and second by Elizabeth Wroblicka, the Board voted unanimously to close the hearing. There was discussion about withdrawal procedure. Upon motion by Elizabeth Wroblicka and second by Barry Smith, the Board voted unanimously to accept the withdrawal without prejudice. Northampton Zoning Board of Appeals Administrator Meeting & Regular Meeting Minutes of June 9, 2005 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time 0 Chair Bob Riddle Vice Chair, Sara Northrup David Bloomberg Malcolm B. "Barry" Smith, Assoc. Member 0 Elizabeth Wroblicka, Assoc. Member Staff Present: Time I Planning Director Wayne Feiden 0 I Senior Planner, Carolyn Misch 4:00 P.M. -Bob Riddle opened public hearing on request by Wright Builders for a Finding to extend a non-conforming front setback at 32 Northern Ave., Map ID 24C-117. Jonathan Wright presented the application. Elizabeth Wroblicka asked for clarification on the open space. There was no public comment. Bob Riddle issued the permit with no conditions. 4:15 P.M. Bob Riddle opened the request by Mark Albright for a Finding to demolish a barn and build a garage in the same non-conforming footprint at 26 School St., Northampton, Map ID 31 D-178. Mark Albright presented the application for a new garage with loft storage. Bob Bearandt, 60 Clark Ave spoke in favor of the project. Staff discussed the Department of Public Works comments. Albright relayed details of the conversation that he had with Department of Public Works and understands that the water line is 6' from the garage and he stated that he understood his liability if something were to be damaged during construction. Bob Riddle closed the hearing and issued the permit. The full Board reconvened at 5:30 in City Council Chambers 212 Main Street, for a training on ZBA procedures and responsibilities. Members present were: Bob Riddle, Barry Smith, David Bloomberg, and Elizabeth Wroblicka Staff gave presentation about roles and responsibilities of the Board and adjourned at 6: 15. Northampton Zoning Board of Appeals Minutes of June 23, 2005 Council Chambers, 212 Main Street, Northampton, MA Members Present: Time 0 Chair Bob Riddle Vice Chair, Sara Northrup 0 David Bloomberg Malcolm B. "Barrv" Smith, Assoc. Member 0 Elizabeth Wroblicka, Assoc. Member Staff Present: Time I Planning Director Wayne Feiden 0 I Senior Planner, Carolyn Misch 5:30 P.M. -Bob Riddle opened the hearing on the request by Double Duck LLC for a Special Permit to erect more than one sign and larger signs for Cahillane Dodge at 375 South St., Northampton, Map ID 38C-20. Chris Cahillane, 375 South Street presented the application stating that the new signs will be same size as the existing signs. They will be taking the "Ram" sign and enlarging it and placing it on the front of building as separate logo. There are no plans to illuminate this logo. The two new signs are the same square footage as the old signs that were there previously located there. No changes to "pole signs" are proposed. There was discussion with the Board. Pam Duffy, 362 South Street was concerned about larger street sign and an illuminated sign. She noted that this proposal addressed her concerns. Virginia Shulman, 358 South Street, large site and clearly sells autos and therefore additional signage isn't really necessary. She stated, however, that she did not feel the signs are a problem. Rui Fernandez, 372 South Street said he had no concerns. 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. Upon motion by Barry Smith and second by Elizabeth Wroblicka, the board voted unanimously to adjourn. Northampton Zoning Board of Appeals Minutes of July 28, 2005 Council Chambers, 212 Main Street, Northampton, MA Members Present: Time 0 Chair Bob Riddle Vice Chair, Sara Northrup 0 David Bloomberg 0 Malcolm B. "Barrv" Smith, Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time I Planning Director Wayne Feiden 0 I Senior Planner, Carolyn Misch 5:30 P.M. -Bob Riddle opened the hearing on the request by Wright Builders for a special permit to construct an attached garage with a 20' front setback at 45 Vernon St, Northampton, Map ID 31A-093. Jonathan Wright described the project. There was a discussion of the character of the project and the neighborhood Upon motion by Barry Smith and second by Sara Northrup, the Board voted unanimously to close the hearing. Upon motion by Sara Northrup and second by Barry Smith, the Board voted unanimously to grant the special permit Upon motion by Sara Northrup and second by Barry Smith, the board voted unanimously to approve all the minutes up to the last hearing. Northampton Zoning Board of Appeals Minutes of August 25, 2005 Council Chambers, 212 Main Street, Northampton, MA Members Present: Time 0 Chair Bob Riddle 0 Vice Chair, Sara Northrup 0 David Bloomberg Malcolm B. "Barrv" Smith, Assoc. Member 0 Elizabeth Wroblicka, Assoc. Member Staff Present: Time I Planning Director Wayne Feiden 0 I Senior Planner, Carolyn Misch 5:35P.M.- David Bloomberg nominated Sara Northrup for Chair, Elizabeth Wroblicka provided a second for the motion. Bob Riddle voted yes David Bloomberg voted yes. Elizabeth Wroblicka voted yes Bob Riddle nominated David Bloomberg as Vice Chair with a second by Elizabeth Wroblicka. Sara Northrup voted yes Elizabeth Wroblicka voted yes 5:40 P.M. Sara Northrup opened a hearing on the request by Mark Gelotte for a special permit to construct a detached garage with accessory apartment at 498 Spring St, Leeds, Map ID 16A-9. Gelotte presented the application stating that the garage footprint would not exceed 1000 sf and accessory apartment would not exceed 900 sf. Elizabeth Wroblicka asked for clarification on the accessory apartment and its layout. There were no public comments. Staff read letter from Paul Kislo 55 Chesterfield Rd. There was a discussion of Department of Public Works comments and a discussion of height. Upon motion by David Bloomberg and second by Elizabeth Wroblicka, the board voted unanimously to close the hearing. Upon motion by Elizabeth Wroblicka and second by David Bloomberg, the board voted unanimously to grant the permit. David Bloomberg stepped down because of conflicts of interest on subsequent hearing. 6:05 P.M. Sara Northrup opened the request by Northampton Aeronautics, Inc. for a finding to alter pre- existing non-conforming signs at 160 Old Ferry Rd, Northampton Map IDs 25-15, 1. Bob bacon, president of Northampton aeronautics presented the application. There was no public comment. 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, the board voted unanimously to approve application. 6:08 P.M. Sara Northrup opened a request by Conrad R. Decker for a Finding to change a pre-existing, non-conforming use and setback to convert a gas station to a carwash at 310 Bridge St, Northampton, Map ID 25C-80. Conrad Decker presented the application describing the open space, use and setback. He explained that the rear setback was not 20, but 15' 11 ". He discussed the issue of peak use periods (Saturday a.m.) in which personnel will be on site to direct traffic. Volumes were estimated to be much lower than existing conditions. All non-conforming uses except for car washing will be eliminated. Site changes include replacement of entire concrete sidewalk. Staff read comments from Department of Public Works. Marilyn Richards, 53 Union Street spoke in favor of the project. She stated that the applicant worked with neighbors. A Glenwood Avenue resident asked about noise. The applicant indicated that doors would be closed during washing to achieve zoning standards. Heather Willard, 6 Sherman Ave asked questions about fencing. 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 with conditions discussed. 6:45 P.M. Sara Northrup opened the appeal by C.A.N.N. under MGL Chpt. 40A, §8 of the Building Inspector's Decision regarding height exemption for Smith College at 100 Green St., Map ID 31 D-46. John Fitzgibbon, representing CANN, described application. He stated that there was a procedural error. Smith has to prove that the 55' height restriction infringes on their mission. Should be ZBA not code enforcement officer who determines this. Elizabeth Wroblicka clarified that the applicant would bebe ok with procedure with ZBA hearing. David Bloomberg asked if CANN has standing? Fitzgibbon provided names of the tenants who are members of CANN. Elizabeth Wroblicka stated that they are unincorporated organization and asked how this effects standing? 2 Further Board discussion about standing. Joseph Krupczynski, 40 West Street disputed the actual proposed heights. Tony Patillo, Building Commissioner, stated his reasons for initially granting the exemption. Patillo determined it would be unreasonable to impose height on Smith given code requirements for engineering building. Unlike other users. Ed Etheredge, representing Smith, provided feedback on standing, height calculation, reasonableness to satisfy municipal concerns. Natalie Gentile described heights at top and gable of air handling system. Discussion of mechanicals being exempt. The Board discussed reasonableness, height on Green Street frontage and in both districts. Gentile showed shadow study for different height requirements 6 story building vs. 2 story building and proposed. Bill Brandt described need for 140,000 sf of science space and described need for its proximity to the main academic quad. Etheredge, argued reasonableness standard. David Bloomberg asked if Etheredge agreed with Fitzgibbon argument that burden is on Smith. Etheredge said yes, but once Smith shows this, the burden is on the City to prove that regulations are reasonable. Ken Mitchell, 43 West Street stated that the city's zoning is to protect properties. Light, air changes as result of building. He argued that Smith could build a 2 story building and more than one building. Leslie Fraidstern, Calvin Terrace argued that Smith did not show that the height requirement is unreasonable. Jonathan Black, 21 Belmont, stated a concern about the exemption for mechanical structures because it is in a residential neighborhood. There was a discussion about bulk issues. Chris Kennedy, Northampton, argued that the split-zoned lots should require that the most restrictive height stand. Daryl LaFleur, 244 South Street handed out a letter. Joseph Krupczynski asked for Smith to provide buildings and adjacent structures. Upon motion by David Bloomberg and second by Elizabeth Wroblicka the board voted unanimously to continue the hearing to Sept 8 at 5:45 in Council Chambers. 3 Northampton Zoning Board of Appeals Minutes of Sept 8, 2005 Council Chambers, 212 Main Street, Northampton, MA Members Present: Time 0 Chair, Sara Northrup 0 Vice Chair, David Bloomberg Malcolm B. "Barry" Smith Bob Riddle, Assoc. Member 0 Elizabeth Wroblicka, Assoc. Member Staff Present: Time I Planning Director Wayne Feiden 0 I Senior Planner, Carolyn Misch 5:30 P.M. -Sara Northrup opened the request by Ace Signs, Inc. to erect more than one wall sign and larger signs at 293 King St, Northampton, Map ID 24B-78. Jim Carlon, representing Lia Honda presented the application. Sara Northrup asked for clarification on which signs were being requested and how much larger they were than the approved signs. Elizabeth Wroblicka asked how the size was determined. Carlon stated that it was HONDA America that determined it. There was discussion about what is allowed. Upon motion by Bob Riddle and second by Elizabeth Wroblicka, the board voted unanimously to close the hearing. Board discussed size and location and conditions. Upon motion by Bob Riddle and second by Elizabeth Wroblicka, the Board voted unanimously to approve sign permit with conditions: 1. Illuminated signs turned off Yi hour after closing. 2. No other exterior signage allowed including flags, banners, balloons, sale signs etc. There were no public comments. 5:45 P.M. Sara Northrup opened the continuation of the request by the Appeal by C.A.N.N. under MGL Chpt. 40A, §8 of the Building Inspector's Decision regarding height exemption for Smith College at 100 Green St., Map ID 31 D-46. Joseph Krusynski presented the height impacts of the building and presented photos. Elizabeth Wroblicka asked what the heights of the existing homes are that are shown. Neighbors responded. Natalie Gentile presented illustrations of the height for Smith. She showed site sections and digital montage of building superimposed into the photo of the street. Gentile distributed state building code requirements that highlight the definition of height and a penthouse. A penthouse is 30% of roof meeting the definition under the building code for penthouse. Burg 85 Market Street, spoke in opposition to the project. Leslie Fraidstern, 22 Calvin Terrace, spoke in opposition to height exemption, stating that Smith could build elsewhere on campus. Ellen Dibble, 43 West Street, stated concern of loss of housing. Mike Kirby, 17 Summer St, spoke in opposition. Elsie Vitals 216 St, Florence stated her concerns. Joel Saxe 2 West Street, asked ZBA to consider bigger issues beyond height exemption in terms of reasonableness. The decision has greater implications. He asked for further study of the implications of plans and options. He claimed that the decision to exempt the heights would result in a new zoning code for the neighborhood. There was a discussion of the essential decision. Specifically, is it reasonable to impose a height restriction-allowance for 55' for private development. Other heights are greater than 40'. Ken Mitchell, 43 West street, spoke to the penthouse structure issue. He stated his concern about the 67' height of penthouse and its impact on neighborhood. Diana Riddle 12 Arnold Ave, stated that Smith should not be exempted and that the building should be located elsewhere. Jaqueline Misa, 95 West St, stated that the building is too tall for a Victorian neighborhood. John Fitzgibbon, representing CANN rebutted Smith's comments regarding the penthouse and §6.8(4) He claimed that a smaller building would not significantly impede Smith. Ed Etheredge, clarified the issues and argued that there is no exemption in the URC district because 55/ allowed. Etheredge stated that the exemption is sought for the NB district. NB He described the heights and reasons for building. Elizabeth Wroblicka asked Fitzgibbon for clarification of whether ordinance addresses bulk. Sara Northrup asked Etheredge about penthouse use. Etheredge said it was bigger because green building to recycle water and air handling. Elizabeth Wroblicka asked Etheredge about height standards and reasonableness. If 40', how would that affect Smith's ability to perform mission? Etheredge stated that the need for this size is critical engineering building/program. Need this amount the space to meet needs of college. Heights have to be this because of floor to floor needs. This building could not be 2 floors. Teaching and research space in addition to classroom space. Gentile stated that the project cannot be constructed deeper into the ground because of groundwater interception. Jackie Misa asked if existing buildings are going to be reused. Why can't use existing buildings and expand. Sara Northrup stated that this is more a PB issue. Bill Brandt stated need for 140,000 square feet of program space. Currently in temporary facility that can only last 10 years. New building will take that but also cramping problem with sciences. Need to modernize facility. Site that meets Smith's needs. Don't have a separate science quad like other major universities. Everything integrated. Need walkability. Jon Black stated that the board should ask if Smith to wait on construction. Chris Kennedy-asked about tests and studies from Smith about their needs. Joseph K. asked for square footages for each program. Fitzgibbon stated burden of proof is Smith Gentile addressed structure. Existing structure 7' into water table. Greater water management issue would be a problem. Ceiling heights limited to extent possible and lower end of engineering HVAC mechanicals. Important to make balanced floor space for office, classroom research on each floor. Ruth Constantine, of Smith College described need for teaching and research space expansion every year. Molecular sciences are more blurred with engineering. New technology is occurring at this intersection. Space needs are based on requirements in sciences generally. Smith is at risk of losing grants and funding because they need broader research space. She described the time spent with faculty to determine the needs. Bill Brant and Constantine were charged with minimizing spaces. Then an Ad Hoc committee of Trustees scrutinized the request to ensure that the building was not bigger than necessary. This size approved by Trustees. Bob Riddle asked what would happen if a bigger footprint building were built at lower height. Constantine stated that Smith doesn't own abutting buildings therefore could not build wider building. Daryl LaFleur, South Street spoke in opposition to the exemption. Lisa Tennison, of Leeds asked why smith couldn't build on the existing quad. Upon motion by Elizabeth Wroblicka and second by Bob Riddle the board voted unanimously to close the hearing. Bob Riddle stated that Dover essentially eliminates requirements for the height, regardless of what it is. Elizabeth Wroblicka stated that the issue is the bulk of the building. If this were a thin building at the proposed height it wouldn't be an issue for the neighborhood. The Board reviewed the reasonableness of height restrictions in neighborhood. The Board stated its satisfaction that Smith met the burden of proof for showing need for a taller building and that they technically met the mechanicals exception of 6.8-4. Bob Riddle stated he cannot make individual assumption of Smith's needs. Only smith can do that. Dover would apply whether use most restrictive of 25' or 55'. Sara Northrup stated that the ZBA does not have same jurisdiction of Planning Board. There was a discussion of whether the Smith review process was substantial enough to convince the Board. Upon motion by Elizabeth Wroblicka and second by Bob Riddle the Board voted unanimously to deny the appeal and affirm the Building Commissioner's decision based on the fact that the height is reasonable within the district and the requirement of height for proposed building has been demonstrated for specific building before the ZBA. 8: 10 adjourned. Northampton Zoning Board of Appeals Minutes of Sept 29, 2005 Council Chambers, 212 Main Street, Northampton, MA Members Present: Time 0 Chair, Sara Northrup 0 Vice Chair, David Bloomberg 0 Malcolm B. "Barry" Smith 0 Bob Riddle, Assoc. Member 0 Elizabeth Wroblicka, Assoc. Member Staff Present: Time I Planning Director Wayne Feiden 0 I Senior Planner, Carolyn Misch 5:30 P.M. -Sara Northrup opened the Agnes Carbin to renew a special permit for home occupation. Upon hearing no comments from the abutters or complaints through the Building Department, the Board determined that it would be appropriate to renew the permit in perpetuity. Upon motion by David Bloomberg and second by Barry Smith, the Board voted unanimously to approve the renewal of the special permit. Northampton Zoning Board of Appeals Minutes of Oct 27, 2005 Council Chambers, 212 Main Street, Northampton, MA Members Present: Time 0 Chair Sara Northrup 0 Vice Chair, David Bloomberq Malcolm B. "Barry" Smith Bob Riddle, Assoc. Member 0 Elizabeth Wroblicka, Assoc. Member Staff Present: Time I Planning Director Wayne Feiden 0 I Senior Planner, Carolyn Misch 5:40 P.M. -Sara Northrup opened Request by Edward Czerapowicz for a dimensional variance for property located at 540 Ryan Rd, Map ID 29-107, Florence, MA Maureen Tobin, representing the applicant, described situation and application. Elizabeth Wroblicka asked about the uniqueness of the property given other lots within the vicinity. The board discussed the rationale in the permit. Jon Czerapowicz tried to address real estate issues and value. Jeff Hutchins, realtor, stated the value of standard properties given proximity to the school. Separate house lots are going for $80,000. Elizabeth Wroblicka asked about derogation from zoning ordinances. Sara Northrup stated concern that about assessors valuation that are contrary to zoning. Colleen Torinson, neighbor asked about the application. Upon motion by Elizabeth Wroblicka and second by Bob Riddle, the board voted unanimously to close the hearing. Upon motion by Bob Riddle and second by Elizabeth Wroblicka the board voted unanimously to allow withdrawal without prejudice. Northampton Zoning Board of Appeals Minutes of Nov 10, 2005 Council Chambers, 212 Main Street, Northampton, MA Members Present: Time Chair, Sara Northrup Vice Chair, David Bloomberq 0 Malcolm B. "Barry" Smith 0 Bob Riddle Assoc. Member 0 Elizabeth Wroblicka, Assoc. Member Staff Present: Time I Planning Director Wayne Feiden 0 I Senior Planner, Carolyn Misch 5:40 P.M. -Barry Smith opened Request by Lamar Central Outdoor Advertising for a use Variance to construct a new non-accessory sign (billboard) at 355 Bridge St, Northampton, Map ID 25A-107. Lisa Caputo described project. Board discussed variance criteria and explained to the applicant that the project did not meet the qualifications under statutory criteria. 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 allow withdrawal without prejudice. The board voted unanimously to adjourn. Northampton Zoning Board of Appeals Administrator Meeting & Regular Meeting Minutes of November 10, 2005 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm "Barry" Smith Bob Riddle, Assoc. Member 0 Elizabeth Wroblicka, Assoc. Member Staff Present: Time I Planning Director Wayne Feiden 0 I Senior Planner, Carolyn Misch 4:15 P.M. -Elizabeth Wroblicka opened a request by Carmen Grenat for a Finding to construct a deck at 492 Elm St., Florence, MA Map ID 23D-24. (the applicant did not show). Elizabeth Wroblicka reviewed the application and noted that there were no members of the public. Elizabeth Wroblicka granted the Finding. Northampton Zoning Board of Appeals Minutes of December 8, 2005 Council Chambers, 212 Main Street, Northampton, MA Members Present: Time 0 Chair, Sara Northrup 0 Vice Chair, David Bloomberq Malcolm B. "Barry" Smith 0 Bob Riddle Assoc. Member 0 Elizabeth Wroblicka, Assoc. Member Staff Present: Time I Planning Director Wayne Feiden 0 I Senior Planner, Carolyn Misch 5:35 P.M. -David Bloomberg opened request by TJS Properties, LLC for a Finding to alter preexisting non-conforming signs at 31 Trumbull Rd, Northampton, Map 31 B-149. Mark Tanner, representing the applicant presented the plan. He proposed sign lights to be on timers. Christina Svane, abutter, asked about the internal illumination of signs. The Board discussed timers. Upon motion by Elizabeth Wroblicka and second by Sara Northrup, the board voted unanimously to close the hearing. Upon motion by Elizabeth Wroblicka and second by Sara Northrup, the board voted unanimously to grant the Finding with the condition that the sign lighting be timed so that they turn on at dusk and are turned off no later than 9 PM. 5:55 P .M. David Bloomberg opened request by Christina Svane for a Home Occupation Permit at 19 Trumbull Rd, Northampton, Map 31 B-150. Svane described her "embodied movement" classes. Board discussed on versus off-street parking and location of public parking. Upon motion by Elizabeth Wroblicka and second by Sara Northrup, the board voted unanimously to close the hearing. Upon motion by Elizabeth Wroblicka and second by Sara Northrup the board voted unanimously to grant the special permit with hours of operation between 10 a. m. and 10 p. m. 6:10 P .M. Request by Mansour Ghalibaf for a rear wall sign more than 1 O' above grade at 43 Gothic St., Northampton, Map 31 B-309. James Page applicant presented the application. Clare Bateman spoke in favor. Upon motion by Elizabeth Wroblicka and second by Sara Northrup the board voted unanimously to close the hearing. Upon motion by Elizabeth Wroblicka and second by Sara Northrup, the board voted unanimously to approve the sign as presented. 6:25 P.M. David Bloomberg opened Request by Northampton Cooperative Bank for a ground sign at 6 Main St, Florence, Map 23A-114. David Bloomberg read the request by the applicant to continue the hearing to the January meeting. Upon motion by Elizabeth Wroblicka and second by Sara Northrup the board voted unanimously to continue the hearing to January 12 at 5:30 p. m. Board voted unanimously to approve minutes of July, August, and two November meetings with changes to chair, vice chair membership. 6:30 adjourn.