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29-320 (3) ZBA Meeting Minutes - 6/7/95 Vice Chair Weil opened the Public Hearing on the request of John L. Prystowski for a Variance under §10.9 of the Zoning Ordinance and M.G.L. , Chapter 40A to attach a garage to the house with an 8' wide X 19' long mud room at 415 Acrebrook Drive. Weil reviewed procedures for conducting Public Hearings and read a copy of the legal notice which was published in the Daily Hampshire Gazette on May 24 and May 31, 1995. The applicant, John Prystowski, was present to discuss the application. He said he wants to build a mudroom to connect the garage to the house. He said that he moved into the house in 1969, and within 6-8 months of moving in, he and other neighbors were told that the boundary lines were in error. His lot's boundary lines were moved 10-12' closer to his house. If that error had not occurred, he would not be in a position now to ask for a Variance. Weil reviewed the Variance Ordinance and outlined the specific criteria which need to be met before a Variance could be granted. Weil asked the applicant to explain how he met the criteria. Prystowski said that he met the criteria for a Variance because of the size and shape of the lot since he did not have room on the lot to meet the setback requirements, and a hardship due to expense that would be needed to move the structure further back, and because of potential danger from ice/snow falling from the roof onto persons leaving the house in the winter. No one spoke in favor or in opposition to the proposal. Elaine Reall moved to close the Public Hearing. Alex Ghiselin seconded the motion which passed unanimously 3:0 ------------------------------------------------------------------ Elaine Reall said she was still not convinced that the Board could not address this request in a more satisfactory way than to deny the Variance request, and thought that the Board should do some research and consult with staff. Reall moved that the request for a Variance be taken under advisement and a decision be rendered at the next ZBA meeting scheduled for June 21, 1995. Alex Ghiselin seconded the motion which passed unanimously 3:0. -5- ZBA Meeting Minutes - 6/21/95 4 applicant for the hardship criteria, but there were none. Reall agreed that this request would not be a substantial detriment to the neighborhood. She said she hoped that the ordinance would be changed in the future to reduce the amount of setback required to allow the joining of two structures on one lot. Reall said, however, that she could not in good conscience vote in favor of this request and was prepared to vote to deny the Variance. Weil said that this case hinges on the ability of the applicant to meet the criteria for a Variance. He said that he thought the applicant only met the third criteria for a Variance which states that the request, if granted, would not be a substantial detriment to the public good. He noted that there was no topographic problem, the situation is not unique, and the hardship is technically and legally self-inflicted by the applicant. Weil said that the applicant could eliminate the hazard of snow and ice falling between the two buildings by installing an awning on either structure but not connecting the two buildings. Weil said he was unable to vote to approve the Variance. Elaine Reall moved to deny the Variance. Weil seconded the motion which passed 2:1. Ghiselin voted in favor of the Variance. -4- ZBA Meeting Minutes - 6/21/95 Vice Chair Weil said that the Board should be ready to render a decision will be made on the request of John L. Prystowski for a Variance under §5.2 of the Zoning Ordinance and M.G.L. , Chapter 40A to attach a garage to the house with an 8' wide X 19' long mud room at 415 Acrebrook Drive. Alex Ghiselin said that the first criteria in granting a Variance was that the request be for a specific parcel of land or for an existing building on the land, which he thought the applicant obviously met. The second criteria states that there must be circumstances relating to the soil conditions, shape or topography, especially affecting such land or structures but not affecting generally the zoning district in which it is located. He said he could not find a way that the site meets these conditions. Ghiselin said that literal enforcement of the ordinance must involve substantial hardship, financial or otherwise, to the petitioner. He said that the garage is so close to the house that it is almost an attached garage. He further implied that the petitioner has brought the hardship upon himself by building the garage so close to the house. However, he stated that he did not believe that the applicant realized the difficulty that the snow and ice load might have upon the safety and convenience of his household and living conditions. Ghiselin said he thought that to fix the situation now, would mean a substantial financial hardship for the applicant since he did not see an easy solution for a connection. Ghiselin said that the criteria further stated that the request, if granted should not be a substantial detriment to the public good, or nullify or substantially diminish the intent and purpose of the ordinance. He said that connecting the two existing buildings which have the same ridge and roof line and mass does not seem to substantially change anything. Ghiselin noted that the Ordinance has been modified to allow�'ao ttaching garages to the main building where it would not normally be allowed with a Special Permit from the Planning Board. Ghiselin said he thought this was a similar request and that this request falls within the intent of the ordinance. Ghiselin further added that he did not think that the request would cause a detriment to the neighborhood. The Planning Office has advised the applicant that a future change to the ordinance would have to be made to allow situations similar to his request. Ghiselin said that although he was very reluctant to grant a Variance, he would vote in favor of granting the Variance. Elaine Reall said she had thoroughly reviewed case law to try to find something which might allow her to deviate from the criteria for granting a Variance for this request. She said that she had inquired at the last meeting whether there were any handicapp(-6 or elderly residents in the house which might qualify the -3- Pursuant to Massachusetts General Laws (MGL) , Chapter 40A, Section 11, no Variance, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed after the decision has been filed, or if such an appeal has been filed that it has been dismissed or denied, is recorded in the Hampshire County Registry of Deeds or Land Court, as applicable and indexed under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. It is the owner or applicant's responsibility to pick up the certified decision from the City Clerk and record it at the Registry of Deeds. The Northampton Zoning Board of Appeals hereby certifies that a Variance has been Denied and that copies of this decision and all plans referred to in it have been filed with the Planning Board and the City Clerk. Pursuant to Massachusetts General Laws, Chapter 40A, Section 15, notice is hereby given that this decision is filed with the Northampton City Clerk on the date below. If anyone wishes to appeal this action, an appeal must be filed pursuant to MGL Chapter 40A, Section 17, with the Hampshire County Superior Court and notice of said appeal filed with the City Clerk within twenty days (20) of the date of that this decision was filed with the City Clerk. DECISION DATE: June 21, 1995 FILED WITH THE CITY CLERK: June 29, 1995 Applicant: JOHN L. PRYSTOWSKI - 415 ACREBROOK DRIVE M. Sanford All, Jr. , Vice Chairman I� LIST, Alex Ghiselin Elaine M. Reall -2- lkILI , b r�; km City of Northampton, Massachusetts E Office of Planning and Development D � �I City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 ! FftIv"r°JS $ FAX(413) 586-3726 +� •Community and Economic Development �z •Conservation -Historic Preservation •Planning Board•Zoning Board of Appeals •Northampton Parking Commission DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICANT: JOHN L. PRYSTOWSRI ADDRESS: 415 ACREBROOR DRIVE, NORTHAMPTON, MA 01060 OWNER: JOHN L. & ELIZABETH A. PRYSTOWSRI ADDRESS: 415 ACREBROOR DRIVE, NORTHAMPTON, MA 01060 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 415 ACREBROOR DRIVE ASSESSOR'S MAP and PARCEL NUMBERS: MAP #29 PARCEL # 320 At a meeting conducted on June 21, 1995, the Northampton Zoning Board of Appeals voted 2:1 to he request of John L. Prystowski for a VARIANCE under the provisions of Section 5.2 in the Northampton Zoning Ordinance, to attach a garage to a house with an 8' wide X 19' long mud room at 415 Acrebrook Drive. Board Members present and voting were: Vice Chair M. Sanford Weil, Jr. , Members Alex Ghiselin and Elaine Reall. In DENYING the request for a Variance, the Zoning Board of Appeals found: 1. The Variance was requested for a specific parcel of land and for an existing building. 2 . There are no unusual or unique circumstances relating to soil conditions, shape or topography of the land or structure. 3 . Literal enforcement of the ordinance would involve substantial financial hardship to the applicant, however, the Board found that the hardship was self-imposed because the applicant had built the garage in its present location within the past few years. -1- ORIGINAL PRINTED ON RECYCLED PAPER BOARD OF ASSESSORS ASSESSORS Joan C. Sarafin, MA.A., Chairwoman i a Telephone Robert C. Buscher, Secretary ° " 3 Edwin M. Padeck APR O 2 6 1995_ P CV WALLACE J. PUCHALSKI MUNICIPAL BUILDING 212 Main Street Northampton, MA 01060 I"[j L) TO: THE NORTHAMPTON BOARD OF ASSESSORS FROM: J o r N 1_ /J'/'% STD (Individual or Company Name) PHONE DATE: I/WE REQUEST FROM THE BOARD OF ASSESSORS, ABUTTERS LISTS FOR THE PROPERTY LOCATED AT C '' 6 n�J V DPI ✓ L THE MAP AND LOT NU;iBER(S) OF TEE ABOVE PROPERTY ARE THE NAME OF THE BOARDS) REQUESTING THIS LIST IS* 2. 3. THE LIST IS REQUIRED FOR THE FOLLOWING PURPOSE: �e/L ! .CC.. � l V THE NUMBER OF COPIES OF THE LIST REQUIRED IS _ v I UNDERSTAND THAT THE BOARD HAS UP TO SEVEN (7) WORKING DAYS IN WHICH TO COMPLETE THE LIST-. REQUESTED, AND WILL HAVE AN ADDITIONAL SEVEN (7) WORK- ING DAYS FOR EACH SUBSEQUENT REQUEST. I FURTHER UNDERSTAND THAT I AM RESPONSIBLE FOR ANY ERRORS CONTAINED HEREIN. (/(Signature of Ap icant) DATE LIST WAS COMPLETED *IF YOU ARE UNSURE OF THE BOARDS REQUIRING THE ABUTTERS LISTS OR THE NUMBER., OF LISTS REQUIRED PLEASE CONTACT THE APPROPRIATE DEPARTMENT. Date Filed File No. ZONING PERMIT APPL TION (510. 2) 1 • Name of Ap licant: / p Address: Telephone: 2 . Owner of Property: m c Address: , C��F Telephone: tm,� 3 . Status of Applicant:_)QOwner Contract Purchaser Lessee Other (explain: ) 4 . Parcel Identification: Zoning Map Sheet/ '�A Parcel# S�,o , Zoning District(s) (include overlay A Street Address Required 5 . Exis-ting Proposed -by Zoning Use of Structure/Property (if project is only interior work s ip tt #6) Building height -Bldg. Coverage (Footprint Setbacks - front ! 0 - side L: _R: —' _ML: - rear • Lot size Frontage. r Area Ratio oOpen Space (Lot area minus building and parking) Parking Spaces Loading Signs Fill (volume & location) 6 . Narrative Description of Proposed Work/Project: (Use additional sheets if necessary) 7 . Attached- Plans: Sketch Plan Site Plan 3 . Certification: I hereby certify that the informa 1 nt T is true and accurate to the best of my knowl d )ate: , Applicants Signature• THIS SECTION FOR OFFICIAL USE O LY: Approved as presented/based on information presented Openied as presented--Reason: Special' Permit and/or Site Plan Required: F4ni'n g R i Variance Required: �— gnatur of nspector ate ATE: Issuance of a zoning Permit does not renove an applicant's burden to comply Willi all zoning roquiroments and obtain all required pormits ,n tho Board of Hoaith, consorvalion Commission, Dapaamont of Public Works and otlicr appiicablo pormit granting aulhoritioa. { oj a I CITY OF NORTHAMPTON MAY e V II D C= I he: J-O 14 N L. P y 3T- ow S � 1 ress: I /+< R L is(?-0- 6 K- 0 2 i �) E Telephone: S W--t- o / 2. Propeqy Owner's Name: Sv H N L f- CL 1 z/1 B c 7-11 /1 P2 y.s/v L-3 S,c , Address: q r s- fg 2 E �2 oo ;c D rz , v L` Telephone: 5W- o o i 3. Status of Applicant: vl Owner Contract Purchaser Lessee Other (explain: ) L 4. Parcel Identification: Zonin Map #tri a`) Parcel #3�O ; Zoning District(s) Street Addr 5. Variance is requested under Zoning Ordinance Section __, Page =_ 6. Narrative Description of Proposed Work/Project: (use additional sheets if necessary) Gam,. 3 X k .f_.C�IC�'Vs-�-> ,/f r.. iP. GAY--Z,Q �.t._R.L.-- Y� t-p—., Qir_ZV 7. State How Work/Proposal Complies with Variance Criteria: (See Applicant's Guide and use additional sheets if necessary) y ' Ufi�f COL/ 8. Attached Plans: Sketch Plan Site Plan None Required 9. Certified Abutters List from Assessors' Office must be attached. 10. Certification: I hereby certify that I have read the VARIANCE CRITERIA, and that the information contained herein is true and accurate to the best of my knowledge. Date: �j�-fit—9 S� Applicant's Signature: OFFICE USE ONLY: i Date Filed: File #: (zba/variance.zba 8/24/92)