29-064 (8) 4
Anthony Patillo
Building Commissioner
Riddle moved to accept the withdrawal of the Variance application for 31 Gilrain Terrace.
Snyder seconded. The motion passed unanimously 3:0.
Yacuzzo asked if anyone else wished to speak?
Building Commissioner Anthony Patillo said he just wanted to clarify the history of the
application. Scagel submitted an application to the Building Department to widen his curb cut
beyond fifteen feet, Patillo related. The application was denied, and Scagel was told he needed a
Variance. Shortly thereafter, Patillo said they were informed Scagel was proceeding with work
anyway. A stop work order was issued,and Scagel was taken to court. (There was also a stop work
order on the porch project, Patillo said.) Patillo said he just wanted members to know that
enforcement action had been initiated but turned over to the legal department.
Thomas Kostek commented that he had received a parking ticket for parking too close to the fire
hydrant. He said he could attest to the facts that Scagel had an enormous flower garden in the back
for water recharge and fifty-gallon buckets which collected water to be used in those gardens.
Staff Report.
Feiden clarified the issues before the Planning Board.There is an allegation that the applicant picked
up and removed the asphalt berm or curb along Gilrain Terrace,widening the curb cut from fifteen
to seventy feet,he advised. The applicant requested a ruling from the Building Inspector allowing
the wider curb cut, but this was denied, he said. This ruling was never appealed so that issue was
not really before them, he explained.
Regarding the applicant's contention that a certain portion of the property was already impervious,
the Building Inspector determined it was not impervious, and that was never appealed, Feiden
continued. All that was before the Planning Board was the request to have more than fifteen percent
(15%) impervious area, he stressed. He clarified that the applicant was talking about filling in the
area between the porch and the garage[with impervious area]. Feiden observed that they could deal
with this issue fairly easily. With a drywell in the front yard and a dry well in the back yard, they
would be totally recharging ground water from impervious surface,he noted. This would allow the
area that's already paved to remain paved and would allow the porch that had already been built,he
confirmed.
There is a request for a front porch, but that is not part of the application before the Board, he
remarked. The application requested only a hundred square foot(100 s.f.)porch in the area between
the house and the garage, he said.
Feiden acknowledged there were a lot of other issues Tony Patillo and the City Solicitor needed to
deal with, but these weren't issues before the Planning Board.
Members asked questions to clarify the request before them.
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PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON
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Northampton Planning Board �.
Minutes of Meeting
January 13, 2000
The Northampton Planning Board held a meeting on Thursday, January 13, 2000 at 7:00 p.m. in
Council Chambers,Wallace J.Puchalski Municipal Building,212 Main Street,Northampton,MA.
Present were Members: Chair Daniel J. Yacuzzo, Vice Chair Val Romano, Andy Crystal, Paul
Diemand, and Kenneth Jodrie.
Zoning Board of Appeals Members:Chair Mark NeJame,Bob Riddle,Larry Snyder and Associate
Member David Narkewicz.
Staff: Planning Director Wayne Feiden and Board Secretary Laura Krutzler.
Minutes.
Ken moved to approve the minutes of October 28, 1999,November 18,1999 and December 9,
1999. Romano seconded. The motion passed unanimously 5:0.
At 7:10 p.m.,Yacuzzo opened the Continuation of a Joint Public Hearing with the Zoning Board
of Appeals on requests from Donald A. Scagel for 1)a Special Permit with Site Plan Approval
to add 8' 10" by 10' of additional impervious surface in a Water Supply Protection District
(exceeding 15%lot coverage)under Sections 10.10, 10.11, 16.7 and 16.9 ofthe Zoning Ordinance,
and 2) a Variance from the provisions of Section 8.9 (7) of the Zoning Ordinance to allow a
curb cut in excess of fifteen feet,for property located at 31 Gilrain Terrace,Northampton,also
known as Assessor's Map 29,Parcel 64.
Lee York presented the application, accompanied by her brother, Donald Scagel.
Feiden reviewed his staff report to the Board.
Robert Joyce of 28 Gilrain Terrace said he thought the application was about the improper
removal of berm. He gave his interpretation of past violations related to the berm.
NeJame officially opened the Zoning Board's hearing. He said he understood the applicant had
withdrawn the Variance application.
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original printed on regcled paper
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' FEB 3 2oW
Of
Date:
To: Northampton Zoning Board of Appeals
I hereby request that I be allowed to withdraw without prejudice my
Variance to allow a curb cut in excess of fifteen feet
application for a at 31 Gilrain Terrace which was filed on
October 29, 1999
_(See Attached Letter for Signature) -
Applicant
The Northampton Zoning Boa-td of Appeals voted unanimously 3:0 on January 13, 2000
to accept withdrawal of the above-referenced application for a Variance to allow a
curb cut in excess of fifteen feet at 31 Gilrain Terrace.
Filed in the City Clerk's Office on February 2, 2000.
CERTIFICATE OF SERVICE
Pursuant to M.G.L. Chapter 40A, Section 11, I, Laura Krutzler, Board '.Secretary,
hereby certify that I caused copies of this decision to be mailed, postage-prepaid,
to the applicant/owner on February 2, 2000.