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 ---->
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