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32C-126 (4) APPLICATION FOR VARIANCE - Mac Everett, C 1a �, ) r �,' �k.o Everett , d Bob Reckman After living and working in the Boston area fora number of years, the three of us decided to look for a smaller, prettier and friendlier place to live. Mac and Claudia (Lefko) Everett are experili6ke,srfiaaicliiiiW.and Bob Reckman is a carpenter, so the Northampton area.lmna itatiiiii) . l+blessionally as well as offering a variety of cultural, intellectual and out-of-doors resources which are important to us all. We decided to pool our savings for a down payment and bought a duplex at 36 Fruit St. , relying on the first floor rent to help pay the mortgage and taxes. Since moving in last fall we have made a number of changes on both floors which are a definate start to improving the appearance of the house both inside and out. Though our financial resources are limited, Bob's skill as a carpenter and Mac and Claudia's gardening ability enable us to do this with a minimum of cash outlay. We are completely pleased with our decision about both house and town. We have run into two "problems" however which are the reason for this application. First, work has not been as easy to find yet as we hoped. Claudia, fortunately, almost immediately got a job as a secretary at Hampshire College. Mac, however, has looked high and low for an Early Childhood teaching job without luck so far though he has found occasional odd jobs to bring in a bit of money. Bob has kept busy with improvements on our own house, but the heavy winter has cut down outside possibilities. All of these things would not be great problems in and of themselves--we knew it might take a while to find work after moving to a new town--except for the second "problem". Claudia is pregnant. That, of course, is not a "problem" exactly, but it is a completely unexpected event which puts new space and economic stresses on our household. The most important is that there will no longer be room enough for the three of us--and a baby--on the second floor. And neither Mac and Claudia, nor Bob can afford to keep the house by themselves. Thus our request is to be allowed to build a small apartment on the third floor for Bob's use. Fortunately our property meets all the zoning requirements (seperate entrance, 3rd floor minimum area, parking) except for the size of the lot, for which we are asking a variance. As is the case with the improvements we have already made, the cost will be relatively low since we can do almost all the work ourselves--at a completely professional level. Indeed, we could not afford it otherwise. We would also like to emphasize that the apartment will be small--large enough for two (2) people maximum--and therefore does not mean much additional traffic or people, either for us now, or in the long run future. If the variance is not granted we will have two choices. First, to sell our new house and move to seperate, inevitably more expensive apartments, which would mean a special hardship on Mac and Claudia at this time. Secondly, we could simply build additional living space for Bob on the 3rd floor as allowed by the code--probably a bedroom, bath and study with the necessary plumbing, heating and wiring. The problem with this option, of course, is that without a kitchen up there any improvements we make will not add much to the value of the house, and thus be a waste of our time, energy, and remaining savings. Nor would it give Mac and Claudia the space and privacy they and their baby will soon need. We all really love Northampton--our house is an ideal five minutes from downtown and five minutes from the river. Our neighbors have been open and friendly and we hope to make Fruit St. our permanent home. The employment situation has to improve. Bob, supporting only himself, can get by. Mac will undoubtedly find something--hopefully in his chosen field. But with a baby on the way and Claudia therefore soon unable to work, a variance appears to be our only economically affordable hope. y 1 CITY OF NORTHAMPTON se4q't ,��£ 1 , x Map No. ,31_Lot /,. (; ZONING PERMIT APPLICATION rokO � :f/ •A ah 197f3 Zoning Ordinance Section 10.2 Received: File No. 3..3 Plan File INSNC.tiON DEPT. Owner VVIc.. 4 1 U ,=. __ lr v z; .-kt i >4, k,c kis&WPAWiniet MA-.c., ,4^4. Address -R( <;r, S-t- C :4. ._, Address Telephone C s' (I C(„Si Telephone This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations: (Z.O. ARTICLE VI) Zoning Use Lot Front Depth Setbacks Max. BId. Min. Op. District Area Width Front Side Rear Cover Space Past Existing 7I.5'as /.).5- .a 6' /.j j1 � r Present 'R Proposed ry„ti C�l�.L-Y��' , .4 ''�+ i Mark the appropriate box to indicate the use of the parcel: iX Non-Conforming Lot and/or Structure. Specify 0-.1- _ to i /. ' UGC ,,1 -12-53.4.,-.L- -eY ',Residential ❑Single Family Unit >I/Multi-Family .j ❑ Duplex ❑ Other ❑ Business ❑ Individual ❑ Institutional ❑ Subdivision ❑ Regular ❑ P.U.D. ❑ Cluster ❑ Other ❑ Subdivision with "Approval-Not-Required"-Stamp: ❑ Planning Board Approval: ❑ Zoning Board Approval (Special Permit 10.9: Variance) ❑ City Council (Special Exception S. 10.10) Watershed Protection District Overlay: (Z.O. Sect. XIV) ❑ Yes4s(o Parking Space Requirements: (Z.O. Sect. 8.1) Required .Z, Proposed '7 Loading Space Requirements: (Z.O. Sect. 8.2) Required,.r1/2 —Proposed Signs: (Z.O. Art. VII) ❑ Yes ANo Environmental Performance Standards: (Z.O. Art. XII) ❑ Yes 511.ko Plot Plan ❑ Yes ,No Site Plan ❑ Yes , No (S. 10.2) (S. 10.2 and 10.11 Waiver Granted: Date ❑ This section for OFFICIAL use only: ❑ Approval as presented: ❑ Modifications necessary for approval: ❑ Return: (More information needed) ) Denial: Reasons: _.....—z, t c ys Signature of Applicant D to SigOt1 Date 1--..PR II:V.P'Ws '";U ( t.4." Y.,t2, t y :- ."L.ere,: .... 5. Location of property should be indicated by street address; where the property is situated i.e. south side of South Street; and with reference to the sheet numbers and parcel numbers as designated on the assessors' tax maps. 6. Indicate the zone in which the property is located. 7. State as concisely as possible the work you propose to undertake and/or your proposed use of the property should your application be approved. 8. SKETCH PLAN: The applicant is required as-part of..this application to submit a sketch plan drawn as near to scale as possible showing the lot boundaries, dimensions of existing and/or proposed buildings and the distances from said buildings to said lot boundaries and all information relevant to the consideration of the application. A copy of the sketch plan should accompany each copy of the application required to be filed. When the applicant is required under Section 10.11 of the Zoning Ordinance to file a site plan, a sketch plan is not required. 9. SITE PLAN: The applicant may be required to file a site plan as part of this application. The appli- cant should refer to Section 10.11 of the City Zoning Ordinance for this requirement. 10. Applicant should state sufficient reasons upon which the Board of Appeals can base a finding that the applicant has met the requirements as set forth in either the General Laws of Massachusetts or the Zoning Ordinance of the City of Northampton, Massachusetts. Applicant should review these requirements prior to completing this item. (Attach additional sheets, if necessary) 11. List on the back of the application all the owners of property abutting the premises affected and the owners of land next adjoining land of the abutters; the parcels being identified by reference to the assessors' maps, page and parcel numbers as they appear on the most recent tax list. Indicate total number of abutters listed. Special attention should be given to this item as all property owners listed therein are legally entitled to notice of this application. Failure to give notice to any party deemed affected by this application may be grounds for denial of this application or for an appeal from any decision rendered on the application by the Board of Appeals. For the purposes of this requirement, a public or private way is deemed to be an abutter. All owners of property opposite the premises affected and abutting the public or private way for a distance of 300 feet in any direction from the premises affected should be listed. It is not necessary to list the abutters of land next adjoining those on the oposite side of the public or private way. The Board of Appeals has the right to notify all owners of property it deems affected by this application. 12. Read and sign the application. If the applicant is a corporation, partnership, trust or other business entity, a duly authorized officer should sign. An attorney or other duly authorized representative of the applicant may sign on behalf of the applicant. ADDITIONAL COPIES: In addition to the original application form eleven copies of the complete application are required. It is the responsibility of the applicant to provide these copies. FILING FEE: A filing fee of $75.00 plus $2.00 per abutter listed is required to be paid upon the filing of the application with the Building Inspector. The applicant should be aware that if the application is approved, the Board of Appeals may, in its discretion, and in addition to any applicable conditions specified in the zoning ordinances, impose such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or serve the purposes of the zoning ordinances. Such conditions will be imposed in writing and the applicant may be further required to post bond or other security for compliance with said conditions in an amount satisfactory to the Board. FOR ADDITIONAL INFORMATION, CONTACT: City of Northampton Building Inspector City of Northampton Room100,Municipal Office Building or Planning Department 212 Main Street Room 11, City Hall Northampton, Massachusetts 01060 Northampton, Massachusetts 01060 Oh APPLICATION TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS FOR VARIANCE OR SPECIAL PERMIT This application folder includes an application form, addressed to the City of Northampton Zoning Board of Appeals, requesting the granting of a VARIANCE or a SPECIAL PERMIT and information intended to assist the applicant in properly completing the application. The application must be completed using a typewriter or hand printed block-type letters. All numbered items on the application must be completed. When completed and signed by the applicant, the application should be submitted to the Building Inspector for filing. Even though received, the application will not be considered "filed" with the Building Inspector until it has been reviewed to insure proper completion. A review of the application will be made within two business days from the date received by the Building Inspector. The applicant will be notified of any additional information required. Applicants seeking a VARIANCE should note that the Zoning Board of Appeals has the power tb authorize a variance from the terms of the applicable zoning ordinance where the Board determines that the applicant has met all requirements set forth in Massachusetts General Laws, Chapter 40 A, Section 15. Reference should be made to applicable Massachusetts Law and to Chapter 44 of the Revised Ordinances of the City of Northampton, Massachusetts, 1959, as amended. Applicants seeking a SPECIAL PERMIT should refer to the Table of Use Regulations contained in Chapter 44 of the Revised Ordinances of the City of Northampton, Massachusetts, 1959, as amended, which indicates uses which require special permits in particular zones. The general and specific condi- tions which must be met to obtain a special permit are set forth in Section 10.9 (3) of the above referred to Zoning Ordinances. The Zoning Board of Appeals is required to hold a public hearing to consider the merits of each application. A notice of the public hearing will be published in the appropriate newspaper and written notice thereof given to those legally entitled thereto; the public hearing takes place 4 to 5 weeks after the newspaper application has been filed. A copy of the rules adopted by the Zoning Board of Appeals for the conduct of its public hearing is filed in the Office of the City Clerk. The applicant should familiarize himself with these rules prior to attending the public hearing. THE BURDEN IS UPON THE APPLICANT TO PROVE THROUGH THE WRITTEN APPLICATION AND ORAL PRESENTATION AT THE PUBLIC HEARING THAT ALL OF THE LEGAL REQUIREMENTS CONTAINED IN THE APPLICABLE STATUTES AND ORDINANCES ABOVE REFERRED TO HAVE BEEN SATISFIED. FAILURE TO SUSTAIN THIS BURDEN MAY PREVENT THE APPLICANT FROM REAPPLYING FOR TWO YEARS. APPLICATION INSTRUCTIONS 1. State name and address of applicant. 2. State name and address of the owner of property. 3. Indicate applicant's standing to apply. 4. Indicate whether this is an application for a variance or for a special permit. If you are making application for both, use a separate form for each (only one fee will be required). You may apply for more than one variance or more than one special permit on the same form. If other, so indicate and explain. Assessor's Map 11. List of Abutters: Address Sheet No. Parcel 1, Loucharles Remas 38 Fruit St. 127 Louvilla Bouthilette 2. 3. Michael J. and Antoinette E . O'Leary 43 Fruit St. leg 4 Sharon Dorfman 32 Fruit St. 124 5 Bruce A & Margaret C. Gibbs 34 Fruit St. 125 6. Richard P. Bart 51 Conz St. 114 7 Joseph Bart 41 Conz St. 115 8. Daniel A & Shirley F Levin 33 & 35 Conz St 116 g.,Northampton Housing Authority Fruit St. 39 A 10. 11. 12. 13. 14.__... 15. 16. 17.� 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. (Attach additional sheets, if necessary) r"E•°R.m..9n ss IsRol 1` r,71 1v:iThesf r'"ces Application Number: 'e �' .° ` '$ I Cti ked Filed Fee Pd. Rec'd. ZBA Map(s) Parcel(s) Date BYA Date Amt. Date By Date Alift.04.71104,0SAEREBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: t Z ffi,V,`tt ri 'Iv, an Malcolm Everett, Claudia (Lefko) Everett, Bob Reckman 1. Name of Applicant , Address 36 Fruit St. , Northampton, MA 01060 2. Owner of Property As above Address 3. Applicant is: f Owner; ❑Contract Purchaser; El Lessee; Li Tenant in Possession. 4. Application is made for: ,X VARIANCE from the provisions of Section V.L_ page C - :- of the Zoning Ordinance of the City of Northampton. LJSPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance of the City of Northampton. I :OTHER: 5. Location of Property , being situated on the east side of Fruit St. Street; and shown on the Assessors' Maps, Sheet No. , Parcel(s) 6. Zcne 7. Description of proposed work and/or use; Apartment on the third floor 8. Sketch plan attached; VIYes [.I No 9. Site plan: LlAttched Not Required 10, Set forth reasons upon which application is based: See attached 11. Abutters (see instructions; list on reverse side of form). 12. I hereby certify that information contained herein is true to the best of my knowledge. Date Ma n.& 11 IR)R Applicant's Signature L--- V 46-"... Crm 3cZC— X44 DECISION OF THE • ZONING BOARD OF APPEALS At its meeting on Wednesday, May 10, 1978, the Zoning Board of Appeals for the City of Northampton voted to grant the petition of Malcolm and Claudia Everett and Robert Heckman for a variance from the minimum lot area requirement in order to allow the con- version of an existing two family structure in an URC Zone into a three family structure. Based upon the evidence presented to the Board, the Board made the following findings in regard to the variance: 1. The property in its present form is unique and has special conditions affecting it and no others in the zoning dis- trict in that there is a large amount of unused floor space and the size of the building, which is larger that the other homes in the area, indicates a three family home. 2. The literal enforcement of the Zoning Ordinance would involve substantial hardship to the petitioners as the petition- ers can no longer live in the same apartment, and the rental of the first floor apartment is a matter of financial necessity. . Furthermore, none of the petitioners, individually, could main- tain the property alone. , 3 . The proposed use will not be detrimental to the public good nor will it nullify or derogate the intent of the Zoning Ordinance because the use is one allowed in an URC Zone, there are already several two and multi—family houses in the neighbor- hood, there is adequate parking available and the size of the home is such that the conversion will have little impact. .. ,GE"' AIS, am._ ACTING CHAIRMAN THOMAS BRUSHWAY DAVID TitLER, ASSOCIATE N ----> I _______ (“8..,_% 1') -—-- t\V (A - -- 1..'k(71 I - ---"Z> --- tili ■ 'ir t —- - Q€* (..i: It*: ■ :..k,A ik,..,.t, . Ass -- ' ,-- I HAW>,(.3‘..,1, IA • ‘3EbC0tItA 1 /V X i3 1 . , L... k v ■1\1 c ..i. 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