11A-005 (8) Zoning Board of Appeals - Decision City of Northampton
Hearing No.: ZBA- 2009 -0003 Date: October 27, 2008
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NOTICE OF APPEAL
An appeal from the decision of the Zoning Board may be made by any person aggrieved and pursuant to MGL Chapt 40A, Section 17 as
amended, within (20) days [30 days for a residential Finding] after the date of the filing of this decision with the City Clerk. The date of
filing is listed above. Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk
of Northampton.
GeoTMS® 2008 Des Lauriers Municipal Solutions, Inc.
BLDG. V DPW CITY CLERK
Zoning Board of Appeals - Decision City of Northampton
r
Hearing No.: ZBA- 2009 -0003 Date: October 27, 2008
APPLICATION TYPE: SUBMISSION DATE:
Special Permit 8/26/2008 `1 . v'.
Applicant's Name: Owner's Name:
NAME: NAME:
MELNIK PATRICK J JR MELNIK PATRICK J JR
ADDRESS: ADDRESS:
46 CHESTNUT AVE 46 CHESTNUT AVE
TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE:
LEEDS MA 01053 LEEDS MA 01053
PHONE NO.: FAX NO.: PHONE NO.: FAX NO.:
(413) 584 -6750 0 (413) 584 -6750 0
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information: Surveyor's Name:
STREET NO.: SITE ZONING: COMPANY NAME:
URA(100)/
• • •. " ACTION TAKEN: ADDRESS:
LEEDS MA 01053 Allow withdrawal w/o preiudice
MAP: BLOCK' . OT: MAP DATE: SECTION OF BYLAW:
001 Chpt 350- 10.10: Accessory Apartments TOWN: STATE: ZIP CODE:
o.' Page:
1915 041 PHONE NO.: FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
Detached Accessory Apartment
HARDSHIP:
CONDITION OF APPROVAL:
FINDINGS.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE. MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE:
8/26/2008 9/20/2008 10/23/2008 10/30/2008
REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE:
9/13/2008 10/30/2008 10/23/2008 11/6/2008 11/16/2008
FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE:
9/11/2008 9/25/2008 10/23/2008 10/27/2008
SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE:
9/18/2008 1/21/2009 1/28/2009
MEMBERS PRESENT: VOTE:
Malcolm B.E. Smith votes to Grant
David Bloomberg votes to Grant
Sara Northrup votes to Grant
Bob Riddle votes to
MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION:
Sara Northrup Malcolm B.E. Smith 3 Allow withdrawal without prejudi
MINUTES OF MEETING:
Available in the Office of Planning & Development.
1, Carolyn Misch, as agent to the Zoning Board of Appeals, certify that this is a true and accurate decision made by the Zoning Board and
certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date above.
1 certify that a copy of this decision has been mailed to the Owner and Applicant.
GeoTMS® 2008 Des Lauriers Municipal Solutions, Inc.
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SECTION 8 CONSTRUCTION SERVICES
8.1 Licensed Construction Supervisor: Not Applicable ❑
Name of License Holder :
License Number
Address Expiration Date
Signature Telephone
9. Repistered Home Improvement Contractor Not Applicable ❑
Company Name Registration Number
Address Expiration Date
Telephone
SECTION 10- WORKERS' COMPENSATION INSURANCE AFFIDAVIT (M.G.L. c. 152, § 25C(6))
Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result
in the denial of the issuance of the building permit.
Signed Affidavit Attached Yes ❑ No ❑
11 - Home Owner Exemption
The current exemption for "homeowners" was extended to include Owner- occupied Dwellines of one (1) or two(2) families
and to allow such homeowner to engage an individual for hire who does not possess a license, provided that the owner acts
as supervisor. CMR 780, Sixth Edition Section 108.3.5.1.
Definition of Homeowner: Person (s) who own a parcel of land on which he /she resides or intends to reside, on which there
is, or is intended to be, a one or two family dwelling, attached or detached structures accessory to such use and/ or farm
structures. A person who constructs more than one home in a two -year period shall not be considered a homeowner.
Such "homeowner" shall submit to the Building Official, on a form acceptable to the Building Official, that he/she shall be
responsible for all such work performed under the buildinz permit.
As acting Construction Supervisor your presence on the job site will be required from time to time, during and upon
completion of the work for which this permit is issued.
Also be advised that with reference to Chapter 152 (Workers' Compensation) and Chapter 153 (Liability of Employers to
Employees for injuries not resulting in Death) of the Massachusetts General Laws Annotated, you may be liable for person(s)
you hire to perform work for you under this permit.
The undersigned "homeowner" certifies and assumes responsibility for compliance with the State Building Code, City of
Northampton Ordinances, State and Local Zoning Laws and State of Massachusetts General Laws Annotated.
Homeowner Signature
SECTION 5- DESCRIPTION OF PROPOSED WORK (check all applicable)
New House ❑ Addition p Replacement Windows Alteration(s) ❑ Roofing El
Or Doors 0
Accessory Bldg. ❑ Demolition ❑ New Signs [0] Decks [® Siding [0] Other [0]
Brief D scrj i of Proposed
Work: oui ' a deck on the side of the existing building and connecting to the
garage at the site.
Alteration of existing bedroom Yes X No Adding new bedroom Yes X No
Attached Narrative Renovating unfinished basement Yes X No
Plans Attached Roll - Sheet
6a, If New house and or addition to existing housing, complete the following:
a. Use of building : One Family Two Family Other
b. Number of rooms in each family unit: y Number of Bathrooms
c. Is there a garage attached? 7//', C /
d. Proposed Square footage of new construction. J Dimensions /'�� �` �
e. Number of stories? / /
f. Method of heating? /L/ A Fireplaces or Woodstoves Number of each
g. Energy Conservation Compliance. Masscheck Energy Compliance form attached?
h. Type of construction
i. Is construction within 100 ft. of wetlands? Yes _ No. Is construction within 100 yr. floodplain Yes No
j. Depth of basement or cellar floor below finished grade
k. Will building conform to the Building and Zoning regulations? _ Yes No .
I. Septic Tank City Sewer Private well City water Supply
SECTION 7a - OWNER AUTHORIZATION - TO BE COMPLETED WHEN
OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT
I, , as Owner of the subject
property
hereby authorize
to act on my behalf, in all matters relative to work authorized by this building permit application.
Signature of Owner Date
as Owner /,�CatfT6rl'18d
e reby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge
and belief.
Signed under the •.' s - •d penalties •f-perjury. 1- --""
Print Name
A A 0 ,2.2
Signature of Owner /Agent/ '� • ate
Section 4. ZONING All Information Must Be Completed. Permit Can Be Denied Due To Incomplete Information
Existing Proposed Required by Zoning
This column to be filled in by
Building Department
Lot Size Y . 07 .._ ,. f f.. S .2-,2- f ! 7 ..
/e/`, 71 t d,�
Frontage
Setbacks Front 'IT S 8 / ice _2-c)
0 ... S ,S'
Side L Z R _/ / L .r 4 R : t
Rear / ,...._ ! %``� e_ 2e,
Building Height S ` ;�S
Bldg. Square Footage p € ' ! % » 11-- r-
Open Space Footage %
(Lot area minus bldg & paved //4,3 ,. 1 ; 1 t3 ,F,f _,m .<
parking) r
# of Parking Spaces
Fill: _.. _ _.....,.
(volume & Location)
A. Has a Special Permit /Variance /Finding ever been issued for /on the site?
NO DON'T KNOW 0 YES
IF YES, date issued:,
IF YES: Was the permit recorded at the Registry of Deeds?
NO 0 DONT KNOW 0 YES
IF YES: enter Book '_ Page and /or Document #
B. Does the site contain a brook, body of water or wetlands? NO '.� DON'T KNOW 0 YES
IF YES, has a permit been or need to be obtained from the Conservation Commission?
Needs to be obtained 0 Obtained , Date Issued:
C. Do any signs exist on the property? YES NO SPA
IF YES, describe size, type and location:
D. Are there any proposed changes to or additions of signs intended for the property ? YES 0 NO AQ
IF YES, describe size, type and location: i
E. Will the construction activity disturb (clearing, grading, excavation, or filling) over 1 acre or is it part of a common plan
that will disturb over 1 acre? YES Q NO CO
IF YES, then a Northampton Storm Water Management Permit from the DPW is required.
te�imrlt se orii�
City of Northampton �tatusofrrrtt 3 ,,'
Building Department Cu60tOry�
-~ 212 Main Street 33`
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�Ve rlSe��ic Ay � alilty t � r � X`�
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Room 100 StVat r W Ay ttablltt 3 � � ' 33 3 ,i
': Northampton, MA 01060 Stru trai P
phone 413,587 -1240 F ax 41 3 - 587 -1272 PlptlSlte l�n`
Ot1F3tPeCI#f nr� . n i 33 3
APPLICATION TO CONSTRUCT, ALTER, REPAIR, RENOVATE OR DEMOLISH A ONE OR TWO FAMILY DWELLING
SECTION 1 SITE INFORMATION
1.1 Property Address: This section to be completed by office
46 Chestnut Map Lot Unit
Leeds, Ma 01053
Zone Overlay District
Elm St. District CB District
SECTION 2 - PROPERTY OWNERSHIP /AUTHORIZED AGENT
2.1 Owner of Record:
Patrick- . Melnik, Jr. 46 Chestnut Avenue. Leeds, Ma 01053
Name (Print) / C rren M i Ae
4t 13 � �8 rs - 7 50
Telephone
Signature
2.2 • horized Agent:
Name (Print) Current Mailing Address:
Signature Telephone
SECTION 3 - ESTIMATED CONSTRUCTION COSTS
Item Estimated Cost (Dollars) to be Official Use Only
completed by permit applicant
1. Building (a) Building Permit Fee
$2,000.00
2. Electrical (b) Estimated Total Cost of
Construction from (6)
3. Plumbing Building Permit Fee
4. Mechanical (HVAC)
5. Fire Protection
6. Total = (1 +2+3+4+5) Check Number 33 O ..-
Th Section For Official Use Only
Date
Building Permit Number: Issued:
Signature:
Building Commissioner /Inspector of Buildings Date
N
•
File # BP- 2009 -0468
APPLICANT /CONTACT PERSON MELNIK PATRICK J JR
ADDRESS /PHONE 46 CHESTNUT AVE LEEDS (413) 584 -6750 Q
PROPERTY LOCATION 46 CHESTNUT AVE
MAP 11A PARCEL 005 001 ZONE URA(100)/
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
ZONING FORM FILLED OUT
Fee Paid
Building Permit Filled out 33 A�� ' Fee Paid
Typeof Construction: CONSTRUCT DECK TO ATTACH GARAGE
New Construction
Non Structural interior renovations
Addition to Existing
Accessory Structure
Building Plans Included:
Owner/ Statement or License
3 sets of Plans / Plot Plan
THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON
INF ATION PRESENTED:
A pproved Additional permits required (see below)
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 '�X� O '
an' ' £
ZONING BOARD PERMIT REQUIRED UNDER: § j`
Finding Special Permit Variance* �e�` S
Noi Li )'
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
t 0 ri•
Signature of Building Official Date
Note: Issuance of a Zoning permit does not relieve a applicant's burden to 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`:, `� BP- 2009 -0468
GIS #: COMMONWEALTH OF MASSACHUSETTS
MO" CITY OF NORTHAMPTON
Lot: -001 PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS
Permit: Building DO NOT HAVE ACCESS TO THE GUARANTY FUND (MGL c.142A)
Category: BUILDING PERMIT
Permit # BP- 2009 -0468
Project # JS- 2009 - 000634
Est. Cost: $2000.00
Fee: $50.00 PERMISSION IS HEREBY GRANTED TO:
Const. Class: Contractor: License:
Use Group: Homeowner as Contractor
Lot Size(sq. ft.): 22041.36 Owner: MELNIK PATRICK J JR
Zoning: URA(100)/ Applicant: MELNIK PATRICK J JR
AT: 46 CHESTNUT AVE
Applicant Address: Phone: Insurance:
46 CHESTNUT AVE (413) 584 -6750 ()
LEEDSMA01053 ISSUED ON:10/31/2008 0:00:00
TO PERFORM THE FOLLOWING WORK: CONSTRUCT DECK TO ATTACH GARAGE -
USE OF GARAGE ONLY FOR WORKSHOP,GARAGE,STORAGE NO LIVING SPACE
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Inspector of Plumbing Inspector of Wiring D.P.W. Building Inspector
Underground: Service: Meter:
Footings:
Rough: Rough: House # Foundation:
Driveway Final:
Final: Final:
Rough Frame:
Gas: Fire Department Fireplace /Chimney:
Rough: Oil: Insulation:
Final: Smoke: Final:
THIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOLATION OF
ANY OF ITS RULES AND REGULATIONS.
Certificate of Occupancy Signature:
FeeType: Date Paid: Amount:
Building 10/31/2008 0:00:00 $50.00338
212 Main Street, Phone (413) 587 -1240, Fax: (413) 587 -1272
Building Commissioner - Anthony Patillo
MELNIK LAW OFFICES
Attorneys At Law
110 King Street
Northampton, Ma. 01060
Telephone (413) 584 -6750
Fax (413)584 -6789
Patrick J. Melnik, Esq. email: pmelnik @verizon.net
Patrick J. Melnik Jr., Esq. patmelnikjr @verizon.net
October 15, 2008
City of Northampton
Building Department
212 Main Street, Room 100
Northampton, Ma 01060
Dear Sirs:
Enclosed please find building permit application to build a deck at 46
Chestnut Avenue, Leeds together with filing fee of $50.00. If you have any
questions please feel free to call.
Sincere ,
/ F
ref Melnik, Jr.
PJMijlp
enc.
10081et(41)
Success Page 2 of 2
[pipe: 261]
[pipe: 198]
[pipe: 199]
Requested Site Plan Waivers:
[pipe: 210]
I have ALREADY posted the REQUIRED sign so it is visible from a public way
CITY CLERK USE: Submitted 1/08 Decision. /108
INSTRUCTIONS to file your application
View Results
http : / /fs12.formsite.com/fs12_app /FormSite 8/19/2008
Success Page 1 of 2
‘,/ s
r r'li CITY CLERK
Zoning and Planning- Boards Application (use `: `.I1.IS as the form you print)
Do NOT leave this page until you are sure that EVERYTHING on it has
� z
0 . t. arm 3, ,.w,�'"' s printed!!!!
Owner: Patrick Melnik
Address: 46 Chestnut Ave, Leeds, Massachusetts 01053
Owner Signature -I authorize the City to inspect this property:
Applicant: Patrick Melnik / [pipe: 75]
Address: 46 Chestnut Ave, Leeds, Massachusetts 01053 '-
(413)584 -6750, patmelnikjr @verizon.net
Applicant Signature - -I represent that under the pains and penalties of perjury:
1. Two copies of the application (EXCEPT for ANR plans) have already been delivered to DPW.
2. The required sign has already been posted on the property.
3. The infor anon include_cLherein is accurate
" ? AUG 2 7 1);08
Work L t 4• e, Ls:eds, Leeds 01053
+. t-` d: Book 8829 Page 24, Zoning: URA
Permit(s) Requested: ZONING BOARD Special Permit ($200)
Regulations: Zoning Board Permit Required Under Sect. 10.10
Project: The project is a detached accessory apartment and the relief needed is a Special Permit
PERMIT CRITERIA (IGNORE "pipe," it refers to permits you have not applied for.)
Finding criteria
[pipe: 245]
[pipe: 246]
Appeal of Building Commissioner
[pipe: 252]
[pipe: 118]
Comprehensive 40B Permit
[pipe: 197]
[pipe: 196]
Variance Application:
[pipe: 249]
[pipe: 251]
Special Permit and Site Plan Criteria:
PROTECT adjoining premises from seriously detrimental uses: The proposed project is to build a residental
structure in a purely residental neighborhood
MITIGATE and NIINIMIZE traffic irnpacts: The propose dapartment is for use by my brother Dan Melnik who
is already living in the primary structure so ther will be no additional traffic.
PROMOTE a harmonious relationship of structures and open space: The proposed structure is for a residental use
in a residental neighborhood. The lot is over 22,000 square feet which is very large for the neighborhood.
PROTECT the general welfare: Adequate sewer and water are available at the site. There is no additional impact to
schools or traffic.
AVOID OVERLOADING and MITIGATE City resources: There is no additional impact to traffic or schools.
The proposed use is for a residental structure in a residental neighborhood.
PROMOTE and NOT HARM City planning objectives: The neighborhood is resident al in nature and the city
plans on the neighborhood to be residental.
Meet all zoning requirements: Zoning allows for the requested use of a detached accessory apartment.
[pipe: 156]
http: / /fs12.formsite.com/fs12_app /FormSite 8/19/2008
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BLDG. DPW CITY CLERK
MELNIK LAW OFFICES
Attorneys At Law
110 King Street
Northampton, Ma. 01060
Telephone (413) 584 -6750
Fax (413)584 -6789
Patrick J. Melnik, Es email: pmelnik @verizon.net
Patrick J. Melnik Jr., Esq. patmelnikjr@verizon.net
September 15, 2008
Carolyn Mish SE? 17 2008
Planning Department of the
City of Northampton
212 Main Street __
Northampton, Ma 01060
Re: Application for Special Permit for 46 Chestnut Avenue, Leeds
Dear Sirs:
Enclosed please find 11 copies of the revised Site Plan showing the
proposed connection between the primary structure on that lot with accessory
garage, making it an attached accessory structure. As I indicated previously, I
would have no objection in making the attachment of the structure a condition of
any permit granted to me by the Zoning Board of Appeals.
If you have any questions please feel free to call.
Sincerely
/ a . Melnik, Jr.
PJM /j 1p
enc.
09081et(59)