23A-040 (2) Zoning Board of Appeals - Decision City of Northampton
Hearing No.: ZBA- 2010 -0020 Date: November 8, 2010
App eal N TYPE: SUBMISSION E 10 I 11
Appeal III III I�I 111 III
I II
AP
2010 00027726
Applicant's Name: Owner's Name: Bk: 10400Pg: 220 Page: 1 of 2
NAME: NAME: Recorded: 12/08/2010 10:43 AM
DAVID TEECE SEAWINK LTD
ADDRESS: ADDRESS:
25 Bayberry Lane
TOWN: STATE ZIP CODE: TOWN: STATE: ZIP CODE:
FLORENCE MA 01062 NORTHAMPTON MA _ 01060
PHONE NO.: FAX NO.: PHONE NO.: FAX NO.:
(413) 584 -4250 0
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information: Surveyor's Name:
STREET NO.: SITE ZONING: COMPANY NAME:
52 MAPLE ST GB(100)/
TOWN: ACTION TAKEN: ADDRESS:
FLORENCE MA 01062 Approved w/ Conditions
MAP: BLOCK: LOT: MAP DATE: SECTION OF BYLAW:
23A 040 001 _ Chpt, 350- 4.11: Appeal Periods TOWN: STATE: ZIP CODE:
Bock: Page:
2882 177 PHONE NO.: FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
Amendment of 2004 Appeals Decision.
HARDSHIP:
CONDITION OF APPROVAL:
1) Remove all dead growth and stumps from the buffer area.
2. Remove all 2 " -3" Hawthorne Trees.
3.Enhance existing healthy trees by adding the following vegetation:
a. Add a total of 22 new Arborvitae, of 6' -8' tall upon planting, within the buffer and including new
plantings that wrap around the corner of the parcel where 23A -4, 23A -42, 23A-40 meet.
i. 5 of these Arborvitae shall be planted on the Interior side of the buffer between the existing trees
and the inside of the parcel where the parcel abuts 23A -43.
ii. Those Arborvitae along 23A -42 shall be planted along the fence line between the existing trees and
the abutter's parcel of 23A -42.
b.Add 12 Rhododendron, 1 gallon upon planting, along the western property boundary that abuts 23A-
44.
4. All plants must be maintained in healthy condition so as to create a year -round screen as specified
in Chapter 350 §6.5 of the City of Northampton ordinances.
FINDINGS:
The Zoning Board granted the request to amend the original appeal decision regarding the type, amount and scale of planting in order to
accommodate changes in the site since 2004 and to address inconsistencies in a judgment ordered by the Court.
The Board granted the request for amendment with conditions after allowing the two opposing sides months of time to negotiate an
appropriate planting scheme to no avail. The Board found that a revised schedule as conditioned will meet the criteria in Chapter 350 -6.5
for buffers between commercial and residential districts.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE:
2/23/2010 3/20/2010 11/11/2010
REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE:
3/13/2010 5/2/2010 10/28/2010 11/11/2010 11/28/2010
FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE:
3/11/2010 3/25/2010 10/28/2010 11/8/2010
SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE:
3/18/2010 6/6/2010 6/6/2010
GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc.
Official Receipt for Recording in:
Hampshire County Registry of Deeds
33 King St.
Northampton, Massachusetts 01060
Issued To:
ATTY EDWARD ETHERE00E
(413) 584 -1600
Recording Fees
Document Recording
Description Number Boak /Page Amount
DECIS 00027726 10400 220 $75.00
TEECE
$75.00
Collected Amounts
*
Payment
Type Amount
* *
Check 12517 $75.00
$75.00
Total Received : $75.00
Less Total Recordings: $75.00
Change Due $.00
Thank You
MARIANNE DONOHUE - Register of Deeds
By: Linda N
Receipt# Date Time
0230445 12/08/2010 10:43a
Etheredge & Steuer, Pc.
ATTORNEYS AT LAW
64 GOTHIC STREET
NORTHAMPTON, MASSACHUSETTS 01060
EDWARD D. ETHEREDGE (413) 584 -1600 FAX (413) 585 -8406
SHELLEY STEUER ed@noholaw.com
ss@noholaw.com
WHEATLY R. GULMI- LANDY• wheatly @noholaw.com
Also Admitted in New York
'Also Admitted in California
L. -n 1 0 1.
LU
December 9, 2010
Louis Hasbrouck. Buj!din; Commissioner
City of .Northampton
210 Main Street
Northampton, MA 01060
Re: David Teece, Seawink Ltd.
52 Maple Street
Dear Mr. Hasbrouck,
I enclose a copy of the recording receipt and ZBA Decision granting the applicant's
request to amend the original decision with this revised planting plan. No appeal was filed and
the Decision has been recorded in the Hampshire Registry of Deeds in Book 10040 Page 220.
Very truly yours,
E dward D. Etheredge
EDE /dmo
Enc.
Cc: client
Carolyn Misch