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29-064 (10) •• File#MP-2000-0039 APPLICANT/CONTACT PERSON SCAGEL DONALD A&MICHAEL H ADDRESS/PHONE 31 GILRAIN TERR 584-4205 PROPERTY LOCATION 31 GILRAIN TERR MAP 29 PARCEL 064 ZONE URA THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM LED OUT e Building Permit Filled out Fee Paid Typeof Construction: ADD 8'10"X 10'TO EXISTING PORCH 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: Approved as presented/based on information presented. 4,1-/Denied as presented: —Zspecial Permit and/or Site Plan Required under: —2, ✓ PLANNING BOARD ZONING BOARD Received&Recorded at Registry of Deeds Proof Enclosed Finding Required under: § —w/ZONING BOARD OF APPEALS Received&Recorded at Registry of Deeds Proof Enclosed Variance Required under: § w/ZONING BOARD OF APPEALS G v ASCU 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 Co on O Signature of Building O ial 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. 10. Do any signs east on the property? YES NO /✓� z C � IF YES,describe size,type and location: Are there any proposed changes to or additions of signs intended for the property?YES IF YES,describe size,type and location: 11. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION. This col— to be filled in by the Banding Depart"'t Required Existing Proposed By Zoning Lot size Frontage p 5 r ` WS r Setbacks - side L: \5 ' R: �5 ' L: \5 ' R: 1 �, - rear N %A YU R 'got Building height Bldg Square footage et1 . +$I $. S�•D %Open Space: o '(Lot area minus bldg &paved parking) :pf -parking spaces 'j%f Loading Docks YV Y\J Fill: A volume-- location) '13 . Certification: I hereby certify that the .informati oni fined he ei.n i s true and accurate to the best of m knovled DA'Z'E: APPLICANT's SIGNATURE Or NOTE: ua of a zonin permit does not relieve a 9 P p #an to oamp�Ty_witfa,.,pll- zoning requirements and obtain all required permits rom the and of Health,, Conservt:tion Commission, Department of Publio Works and other applioab a permit grantin authorltlas :.. FILE # i9qp DEPT O a File No. �o03� X10'C' ZOII " G PERMIT APPLICATION (§10 . 2) PLEASE TYPE OR PRINT ALL INFORMATION 1. Name of Applicant: DQ&,,4/( Address Tel�y�1 r Telephone: 2. Owner of Property: .b:2&4 Address: 8 Z Telephone: i;'��f��'�1�'� • 3.. Status of Applicant: _Owner Contract Purchaser Lessee Other(explain): 4. Job Location: 'L a191Ae Parcel Id: Zoning Map#--------- Parcel# ' (a 7 District(s): � to (TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure/Property -P�i"c t 6. Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary): /so/"�c° �' / ini r S �f� lac X Al 7. Attached Plans: Sketch Plan Site Plan Y Engineered/Surveyed Plans Answers to the following 2 questions may be obtained by checking with the Building Dept or Planning Department Files. 8. Has a Special Permit/Variance/Finding ever been issued for/on the site? NO INh DON'T KNOW YES IF YES,date issued: IF YES: Was the permit recorded at the Registry of Deeds? NO DON'T KNOW YES IF YES: enter Book Page and/or Document# 9. Does the site contain a brook,body of water or wetlands? NO—Z DON'T KNOW YES IF YES,has a permit been or need to be obtained from the Conservation Commission? Needs to be obtained Obtained ,date issued; (FORM CONTINUES ON OTHER SIDE) M NORTHAMPTON ASSESSOR'S LABELS Owners and PARCEL PARCEL ADDRESS Owners' Mailing Address 29 -066-001 15 GILRAIN TERR VENDOLOSKI JOHN & ANNA 15 GILRAIN TERR FLORENCE MA 01060 29 -068-001 358 RYAN RD SUPERBA DONALD J & ALICE J & STEPHEN R SUPERBA & DONNA L DU P.O. BOX 60304 FLORENCE MA 01060 29 -069-001 372 RYAN RD BILSZA HENRY M 372 RYAN RD FLORENCE MA 01060 29 -070-001 14 ACREBROOK DR SIAS ALICE L C/O ALICE L SADLOWSKI 14 ACREBROOK DR FLORENCE MA 01060 29--0 71 NORTHAMPTON ASSESSOR'S LABELS Owners and PARCEL PARCEL ADDRESS Owners ' Mailing Address 29 -082-001 29 ACREBROOK DR LEBEAU EDWARD J & ROWENA M 29 ACREBROOK DR FLORENCE MA 01060 29 -083-001 21 ACREBROOK DR DUSSEAULT WORTHY G JR & IRENE 21 ACREBROOK DR FLORENCE MA 01060 29 -084-001 11 ACREBROOK DR COHEN ALVIN I & SHIRLEY R 11 ACREBROOK DR FLORENCE MA 01060 29 -085-001 402 RYAN RD LYFORD HOWARD B JR & BONNIE A MAIL: WESTERN MASS TELEPHONE P.O. BOX 3009 SPRINGFIELD MA 01101 29 -165-001 22 GILRAIN TERR CAVE- MORRIS- D- - - - 22 GILRAIN TERR FLORENCE MA 01060 Assessor' s Certification: Date: i / /S7 ,Pr t ve vvP y f� G> L f�f�I/V 7err/gCe �PS�Q �Od� °� ,,I PR kvC W,}y R,qlltv —7e-PR ce M0 e- (5e jMd�v� l� Artw°j�vAy 16 l gAa. VpwP wpy yevv/qy �0 / 'Drive JVVA7 7. Page 3 08/26/97 � l NORTHAMPTON ASSESSOR 'S LABELS /, �,,,I� Owners and PARCEL PARCEL ADDRESS Y VV Y P Owners ' Mailing Address 29 -052-001 14 GILRAIN TERR LEARY BERNICE G 14 GILRAIN TERR FLORENCE MA 01060 f 29 -053-001 28 GILRAIN TERR Ar JOYCE ROBERT G & ALICE J 28 GILRAIN TERR FLORENCE MA 01060 t 29 -054-001 36 GILRAIN TERR STRAW GRACE A 36 GILRAIN TERR FLORENCE MA O1Q;60 29 -055-001 GILRAIN TERR PERRAULT PHILIP R & PAULINE E 1200 GOLDEN KEY CIR, STE 331 EL PASO TX 79925 J / 29 -056-001 46 GILRAIN TERR /'� KOEBKE HAROLD F & HILDA J 46 GILRAIN TERR FLORENCE / MA 01060 29 -062-001 47 GILRAIN TERR WILLARD JAMES J & PATRICIA M 47 GILRAIN TERR FLORENCE f MA 01060 �J , 29 -063-001 39 GILRAIN TERR LOISELLE WILLIAM C JR 39 GILRAIN TERR FLORENCE MA 01060 29 -065-001 23 GILRAIN TERRA KIMBLE WANDA 23 GILRAIN TERR FLORENCE MA 01060 08/26/97 Page 1 - �4 *• MERRITT J. LOOMIS IV, President M.J. LOOMIS INC. j PAVING/EXCAVATING 95 REAR FERRY ST. 1 EASTHAMPTON, MA If (413)527-7333 REMIT TO:34 ADMIRAL ST. • EASTHAMPTON, MA 01027 DATE n R l i 5 1941)._ Donald Scagel 31 Gilrain Terr. Northampton,Ma. 01060 ' a Remove existing blac op Remove existing brok blacktop curbing Install trap rock $600.0 f f i I j - j I - i v 'n 1� j i I 1 i a 4 Iq .Y e ' MERRITT J. LOOMIS IV, President M.J. LOOMIS INC. PAVING/EXCAVATING 95 REAR FERRY ST. EASTHAMPTON, MA (413)527-7333 REMIT TO: 34 ADMIRAL ST. • EASTHAMPTON, MA 01027 DATE 06/18 1923- Donald Scagel 31 Gilrain Terr. Northampton,Ma. 01060 Contract price C Y 1 D Y �� • Donna R Hathaway 1054 Ryan Road Florence,MAO 1062 Anthony Patillo Building Commissioner City of Northampton Dear Sir or Madam: L Donna Hathaway,have lived on Gilrain Terrace from 1952-1970. After 1970 I frequented 31 gilrain terrace on almost a daily basis. As long as I can remember the area that has been recently paved at 31 Gilrain Terrace has always been used as a driveway. It has been an established drive since 1952 when the Scagel family moved to Gilrain. All origional curbing was installed at the property owners expense. Sincerely, Donna R. Hathaway 11 Robin Digiammo 329 Main Street Easthampton,Ma Anthony Patillo Building Commissioner City of Northampton To Whom it May Concern: I, Robin Digiammo, have lived on Gilrain Terrace from !953-1972. After 1972 I Frequented the residence on Gilrain Terrace often. As long as I can remember, the area that has recently been paved at 31 Gilrain Terrace has been used as a driveway. It has been an established drive since 1952 when the Scagel family moved to Gilrain. All origional curbing was installed at the property owners expense. Sincerely, O Robin Digiammo 1 � Michael Scagel 356 Station Road Amherst,MA 01002 Anthony Patillo Building Commissioner City of Northampton Dear Sir or Madam: I, Michael Scagel, have lived at 31 Gilrain Terrace from !955-1974. After 1974 I visited the above mentioned home on Gilrain Numerous times. As long as I can remember the area that has been recently paved at 31 Gilrain Terrace has always been used as a driveway. It has been an established drive since 1952 when the Scagel family moved to Gilrain Terrace in Florence,MA. All original curbing was installed at the property owner's expense. Sincerely, Michael Scagel i� Y M Lee York Birch Road Box 1773 Lake George,New York Anthony Patillo Building Commissioner City of Northampton Dear Sir or Madam: 1, Lee York have lived on Gilrain Terrace From 1952-1971. After 19711 frequented the residence on Gilrain Terrace often. As long as 1 can remember the area that has been recently been paved at 31 Gilrain Terrace has always been used as a driveway. It has been an established drive since 1952 when the Scagel family moved to Gilrain. All origional curbing was installed at the property owner's expense. Sincerely, Lee York 23 Gilrain Terrace Florence, MA 01062 September 29,1998 To Whom It May Concern; I have been a resident at 23 Gilrain Terrace, Florence, MA since 1954. 1 am an Immediate neighbor to 31 Gilrain Terrace, presently owned by Donald Scagei. Previous owners were his parents Donald and Elaine Scagei. Over the years additional parking was needed at 31 Gilrain Terrace to accommodate the children's vehicles. These vehicles were parked to the left of the initial driveway. A number of years after we moved here, we approached the Department of Public Works to have curbing placed in front of our home. it was the homeowner's responsibility to request curbing from the city at that time. Also the expense of the curbing was the homeowners. Sincerely, Wanda B. Kimble City of Northampton, Massachusetts Central Services Memorial Hall, 240 Main Street Northampton,MA 01060 (413) 587-1246 Fax: (413) 587-1303 August 9, 1999 Donald Scagel 31 Gilrain Terrace Florence MA 01062 Dear Don: Our trial date is fast approaching and you have not filed for your permit yet. Rather that seek yet another continuance I am proposing that we continue without a finding for six months subject to the following conditions. 1. Mr. Scagel is to reduce the curb cut to 19.5 feet and replace the curbing to match existing curb or using Cape Cod curb. This work shall be completed by October 1, 1999. 2. Pavement is to removed from the City layout to match the new curb cut. The City's DPW will mark the layout. This work shall be completed by October 1, 1999. 3. Mr. Scagel is to apply for more impermeable coverage than zoning allows by August 30. Mr. Scagel will supply additional information, if requested by the permitting authority, as soon as reasonably possible. 4. If Mr. Scagel's application is denied he will,within thirty days,remove driveway pavement on his property to the leave the greater of either the amount allowed by zoning or 19.5 feet of width. The amount allowed by zoning will be reasonably determined by the Northampton Office of Planning and Development. 5. Mr. Scagel will within thirty days of the acceptance of this agreement by the court make a$100 donation to the Memorial Hall Renovation Project. Please let me know ASAP if this is acceptable. Thank you for your time and consideration. Yours sincerel , oe . Cook JMC j. 1 f Draft Agreement 9845CR002537 Donald Scagel To be reviewed by: Atty. William Larkin(counsel for the Defendant), Office of the District Attorney Trial Date: June 28, 1999. 1. Mr. Scagel will apply for a permit for a driveway curb cut wider than,9 feet and for a permit for greater than the allowed impermeable coverage on his lot. The permit applications shall be submitted by June 1, 1999. Mr. Scagel will provide additional information reasonably requested by the permit granting authority within thirty days. 2. In the event that Mr. Scagel receives permits for the conditions as they exist the Commonwealth will dismiss the above case. 3. In the event that only one permit is granted Mr. Scagel will correct the condition not covered by a permit. If the curb cut permit is not granted Mr. Scagel will reduce the curb cut to fifteen feet by causing to be constructed asphalt curbing matching the curbing on Gilrain Terrace. If the coverage permit is not granted Mr. Scagel will reduce the amount of asphalt driveway to come within the zoning requirements. In addition, if only one permit is granted Mr. Scagel will make a$200 contribution to the Memorial Hall Restoration Project being carried out by the City of Northampton. The time for completion of remedial work and contribution is thirty calendar days from the date of the decision of the permit granting authority. 4. In the event that neither permit is granted Mr. Scagel will make both corrections and contribute$400 to the Memorial Hall Restoration Project. The time for completion of remedial work and contribution is thirty calendar days from the date of the decision of the permit granting authority. 5. In order to allow time for the above activities Mr. Scagel and the Commonwealth agree to a continuance of the trial date to August 1999. 6. In the event that Mr. Scagel does not carry out his obligations under this Agreement the criminal case will be prosecuted immediately at the discretion of the Commonwealth. 7. In the event that Mr. Scagel does carry out his obligation under this Agreement the criminal case will be dismissed. �1 s Witness List 1. Anthony Patillo,212 Main St.,Northampton MA 01060,Building Commissioner for the City of Northampton. Mr. Patillo may testify about the requirements of the zoning ordinance, the application submitted by Mr. Scagel,his conversations with Mr. Scagel and his observations of the conditions at the site. 2. Stanley Szewczyk, 212 Main St.,Northampton MA 01060,Building Inspector for the City of Northampton. Mr. Szewczyk may testify about the requirements of the zoning ordinance, the application submitted by Mr. Scagel,his conversations with Mr. Scagel and his observations of the conditions at the site. 3. Robert Joyce,28 Gilrain Terrace,Florence MA 01062. Mr. Joyce may testify as to the condition of the site prior to the construction in 1997. 4. Peter McNulty, P.O. Box 2097, Wellfleet MA 02667, former Assistant Director of the Department of Public Works for the City of Northampton. Mr. McNulty may testify as to his conversations with Mr. Scagel prior to the 1997 construction. Specifically,Mr. McNulty, if called, will testify that he told Mr. Scagel that he could not change the curb cut. 10 If we can not reach an agreement by the end or February the City will file a complaint f6,.-the continuing violation from the date of the last ticket issued. The City will, of course, honor the agreement you reached with the City Solicitor regarding the two week continuance sought earlier. Please give me a call to discuss these issues. If Mr. Scagel is willing to take care of this matter then we will need to discuss a continuance to allow for the work to be performed as weather allows. Thank you for your time and consideration. Yours sincerely, oe M'. Cook JMC cc City Solicitor Janet Sheppard,Building Com sioner Anthony Patillo 4 City of Northampton, Massachusetts Central Services Memorial Hall, 240 Main Street Northampton, MA 01060 � (413) 587-1246 Fax: (413) 587-1303 February 16, 1999 Atty. William Larkin 8 Bridge Street Northampton MA 01060 Re: Your Client, Donald Scagel Dear Atty. Larkin: Please find attached a list of possible witnesses for the April 6 trial of your client,per the pre-trial agreement. At this point the City is willing to discuss a settlement of this case on the following conditions. 1. Either Mr. Scagel reduces the curb cut to 15 feet in width or acquires the Planning Board's approval,,through the Site Plan Approval process per § 8.9 (7), for a greater width. This approval would be based on the promotion of safe and efficient traffic circulation. If Mr. Scagel decides to pursue this route the City would agree to a continuance to allow time for this process. 2. Mr. Scagel reduces the paved area of his driveway to come within the 15%coverage limit allowed within the URA/WSP district, or returns the driveway to its condition prior to the work performed i 1n 79 . If the additional paved driveway surface does not cause a violation of the 15%requirement then it may stay. 3. Mr. Scagel pays the $400 in fines. ' r CITY OF NORTHAMPTON, MASSACHUSETTS OFFICE OF THE CITY SOLICITOR • Janet M. Sheppard, Esq. - atzu Solicitor NOTICE OF TAKING AND AWARD OF DAMAGES May 9, 1998 Dear Property Owner: The City of Northampton has taken by Order of Taking dated j .. December 18, 1997 the Roadway named Gilrain Terrace. The City has determined that you were an abuttor at the time of the Taking. The City has further determined that there were no damages incurred, when this road was taken and the award is $0.00. Massachusetts General Laws chapter 79 section' 7C requires that the City to notify.you of your right to appeal the determination of damages. Please contact this office if you have any questions. very trul ours, Janet M. Sheppard, Esq. city Solicitor 76 Masonic Street, Northampton MA 01060 (413) 585-5889 PAX: (413) 586-2937 ,t May 20, 1997 Dear Citizen: The Board of Public Works of the City of Northampton is intending to make a viewing of streets in your neighborhood as shown below on June 4, 1997.The purpose is to view the streets concerned for layout as a City street.In no case does this activity mean any physical change will take place. The Board of Public Works will hold a hearing to determine whether or not this street should be accepted. Said hearing to take place on June 11, 1997 at 8:00 p.m. at the J.F. Kennedy Middle School (Mark Warner Community Room). Final determination on this street acceptance plan will be made by the City Council at its meeting on ' June 19, 1997. Further questions may be directed to City Solicitor,Janet M. Sheppard,at her address 76 Masonic Street,Northampton,MA 01060,at(413)585-5889. The procedure described here is required by the Massachusetts General Laws. It is in your interest as a property owner to have this street accepted in order that the city may legally expend money on its maintenance,including snowplowing and repair of the street. It is not necessary that you attend the "viewing"although you are welcome to do so. SCHEDULE STREET TIME Gilrain Terrace 4-6 p.m. Sincerely yours, Robert Mahar,Chairperson Board of Public Works l(J n .� • f .4 ADDENDUM TO THE SCAGEL INTERPRETATION Honorable Zoning Board Member: I am not sure if this circumstance is relevant to your deliberations, however, I wish to explain what was going on at the time when I removed the curbing in front of the parking area on my property and why this matter has taken so long to resolve. In 1996 I became aware that my father had never legally turned Gilrain Terrace over to the City. At that time my father's property had passed from my father to my mother,Elaine Scagel, and to me. I was under the impression that I was in ownership of the street. When the zoning officer approached me regarding the removal of the curbing, I explained that I was in ownership of the street, not only to him, but also to the City Solicitor, Janet M. Shepard. After that there was no movement forward on rectifying the curbing situation. On May 20,1997 I received a notice for a public hearing regarding acceptance of Gih-ain Terrace as a City street. Although I was not able to attend the meeting, my lawyer was there and spoke on my behalf against the taking. On May 9, 1998,I receive a Notice of Taking and Award of Damages from Janet M. Sheppard, Esq. indicating that Gilrain Terrace had been taken by the City on December 18, 1997, five months earlier. The taking of the street by the City and the subsequent zoning violation charges and associated fines have been part of the bigger picture which I want you to be aware of As time has passed I have attempted to get resolution of the problem but was not aware of how to proceed. For a long time my lawyer was working it out with the City Solicitor's Office. Initially I was told that I would be fined $100.00 a day until I replaced the curbing. I later received a letter stating that a fine of$400.00 would be imposed along with other conditions(refer to attached). Still later I got a letter saying that a $200.00 donation to the restoration fund and meeting certain conditions would rectify the zoning issues. My latest letter requests a"donation" of$100.00 to the restoration fund. As a resident, I have looked with a jaded eye at the behavior of the City's representatives. The situation has never seemed right or above board. Perhaps it is because I am just a property owner and don't understand the in's and out's of the system. Subsequently,the last four years have been difficult for me because I believed that my only recourse was to take the City to court. It is pretty bad when individuals believe that they have to go to court to protect themselves against their government. I recognize that this Board is not responsible for the problems I have had and I appreciate your time in reviewing my requests. I just want you to be aware that there were other issues involved in the removal of curbing. I still don't understand why, if the City did not have title to Gilrain Terrace and I was the owner, the removal of curding was in violation of the zoning? I also do not understand how the fine for specific violations changes and how a fine becomes a"donation". If you can explain these things to me I would certainly appreciate it. e , ald A. cagel T \ rmT -i0 nOTS233WT-40CmW-<2T•••4-Am>OW O y coo N 0 K 0CCM Mew 0-.0-17xmrDmC00Mr+nn Z D m Mee r n C > m.0 W -O 7m tD m m n N N 7 n O-wnNm nrrN nOK m r tDM-O O D A W yW m O W p•r-•Y n m O O-•m C •N 7-A.-m m M-•� r Om n aaa .�W CD A Cf.< C \-. .\r73N�77- r--3"m r _ my - mss m m ... M.' 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O Gf 7 m D A 0 7 o °0 ° O N 0 n n Cl) v a 70 O j o a o p° 0 J J < J J m \ C N O O N J a � .y A_ a moo a D Z o T p mm n o m'm n ccL-•mW 7C NW-T•xm mW SrD--W m Z o m -4 =-I-ID Q'•m 03a-1NMa 7r*Nm N m C m N 3 r7cn� 0.��•O N�•r+�•N N re�O r m .. y ... v(D tDmoN Or+�97 N�3\ r O D A tND D n 3 T>O w n WO MO.nM3-1 ID mr7nn=rn Q.-I n3tD;• 6_•-D• som CL R00 Nm D-7 n tn � aa-t O7nn NG29 DW-4D >M 0 o Cnoo m amN CLaCa•• N• a t, nnnD�7naciWOW 3O^^ o tOAO.n3N�N C A :D7 rN►.xx tDm7r v •' an < r r3 . -•�n O y S MW U) L Z z N M r d A T a > < C y 0 z n oD i �rrw wr o>. m c r T m °00o~DO°00°O O°00000o0000o a 0 1 7 " C C y gm A to to A M t3 T n D N r m v o •• mll o o M= a a �n v <' p y O N n Z W W 7 'q N O o O• O•D to 0) T D o om at3 0 Q� ' N m N Q T 7 J T r y a = cm o oa t7c m .. m AND 1r•Z y -1my CL m m-4^ Q 7CO D z to•- D m m T <D to m W 3-4m D •• O O mm V aLq M N M O a z Coo m g m CM to y o00 r u (DO M S h 00 m 3 O < A d 3 O W �1P m v Cf A S NNW N ol00•OW• A Z Oo M P•OW = A J MO OW%WA J W J y ,. � � Cap�,�--a,�v� �,•e v •r D�_�.e. ����,.1-� ; �`� - O��-�D� TI � oZ O rQ.�JL: 5 ofl � �� �► 0..v=$'rcv��yes �• � ,��1 �° sc�k� •t Y,r,�e��cr�a�-�1e � O W rB 3 ' f L AN as t � o/J Coo) &�Y- cLky) ,T e,rc --��e f 2 On July 17, 1997 Anthony Patillo, Building Commissioner visited my property after a complaint from my neighbor. Mr Patillo stated in a letter dated August 8, 1997 that I had extended my driveway opening beyond the fifteen foot maximum required by section 8.9-7. It was later determined that due to the blacktop which I had put over the parking area, I had exceeded the 15%permeability ratio in the Water Supply Protection District(WSPD), Section 16.0. I began to investigate what was involved in rectifying this situation. I have talked to the City Planner, The Building Department staffand_the City Solicitor in this matter and am now appealing to you. The points which I believe are relevant in this case are: • The parking area was continually in use as a parking area from 1952 (refer to the certified statements). I never abandoned or terminated that use. • The parking area was rendered impermeable because of its use. The blacktopping of the area is completely irrelevant and cannot be taken into account. • The drainage off the structures on my property is infiltrated back into the groundwater and therefor consistent with the WSPD and the drainage from the parking area has not changed course or magnitude. • The width of my driveway, which was originally twenty feet, was extended because I removed the deteriorated and dangerous curbing,which had been reduced to that condition because it had been driven over. If it please the Board I will gladly replace the curbing with a cape cod berm, as your planner has suggested. • The size of the driveway openings on Gilrain Terrace have always varied. The ones my father put in were between twenty and thirty feet. I have prepared a list of all the driveway openings on the street. They vary from fifteen feet per lot to lots which have two driveways each, one of fifteen feet and one of twenty-five feet. The neighbors have signed a petition which states that they have no problem with the width of my driveway being twenty feet. I would respectfixlly request that the Board allow me to replace the curbing which I removed with a cape cod berm and maintain my driveway at the twenty feet it has always been. 4e7dA-' ly, O Sca gel . y • .i Northampton Zoning Board of Appeals Request for an Interpretation Property of Donald A.Scagel 31 Gilrain Terrace,Florence,Ma. Honorable Zoning Board of Appeals Member: I am requesting a finding or a variance related to the following situation. The house and property at 31 Gilrain Terrace have been continually inhabited since 1952 by a member of the Scagel family. My father was the contractor who built all the homes on the street. Originally, and until the Zoning Ordinance of 1974, the requirement for permeability in my residential zone was 20%. My house and property are pre-existing and nonconforming. The area of my property which served as the driveway, from the time the house was built,was the blacktopped entrance to the garage and the land next to it extending to the property line, about 22-25 feet(refer to the site plan and the attestations of family and neighbors). In the late 1960's or early `70's my late father, Donald A. Scagel, Sr., paid for curbing to be installed in front of our property including the area between the driveway and the property line to the right (facing the house). At no time was the area taken out of service as parking even after it was curbed. The family either came into the area diagonally from the driveway or drove over . the curbing. From 1952 - 1999, a period of 47 years,the soil upon which cars and trucked parked was compacted. Therefor, it was already rendered impermeable according to the definition in the zoning ordinance. The Board may want to request that the Town Engineer calculate the run off coefficient rates for the area in question, pre-blacktop vs post blacktop. The difference in permeability will be minimal if any. The drainage off the parking area goes on to Gih-ain Terrace and flows down the street where it is directed in culverts which divert the runoff into an existing watercourse. Drainage on Gilrain Terrace has been handled this way for many years. On the remainder of my property, all the structures have gutters with 4"black corrugated plastic hoses which take the storm water out into my gardens. My entire backyard is flat and I want there to be positive drainage and infiltration. In the spring of 1996 I found the curbing in front of the parking area was degrading. I became concerned that the broken curbing could potentially fly up and hit a car or a person. I contacted Gus Grady of the Building Department and explained the situation. I requested that the curbing be removed because of the hazard. Gus said that it would be done. At that time I also spoke to the City Solicitor and was told that I would be liable if anyone or any property was injured by the curbing or portions thereof. After two months and no movement on the part of the City to remove the hazard, I took out three, four-foot chunks of crumbling curbing(12)(refer to the bill from Mr. Loomis who did the work). At that point I also paved the rest of the parking area, believing that there were no issues. 14 • G. Explain how the requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives,defined in City master study plans(Open Space and Recreation Plan; Northampton State Hospital Rezoning Plan;and Downtown Northampton:Today,Tomorrow and the Future). _ -�-D ��n�oJe v�eo r 9. I certify that the information contained herein is true and accurate to the best of my knowledge.The undersigned owner(s)grant the Planning Board permission to enter the property to review this application. Date: 16 Applicant's Signature: Date: Owner's Signature: f th as n ' i MAJOR PROJECTS MUST::ALSO;.COMPLETE THE''FOLL'OWING MAJORTROJECT APPROVAL CRITERIA- Does the project incorporate 3 foot sumps into the storm water control system? Yes No (IF NO, explain why) Will the project discharge stormwater into the City's storm drainage system? Yes No (IF NO,answer the following:) Do the drainage calculations submitted demonstrate that the project has been designed so that there is no increase in peak flows from pre-to post-development conditions during the: 1, 2,or 10 year Soil Conservation Service design storm? Yes No (IF NO,explain why) Will all the runoff from a 4/10 inch rainstorm(first flush)be detained on-site for an average of 6 hours? Yes No (IF NO,explain why) Is the applicant requesting a reduction in the parking requirements? Yes No If yes,what steps have been taken to reduce the need for parking, and number of trips per day? 7 a How does the project meet the special requirements?(Use additional sheets if necessary) A J2 vrtA `� 07% F. State how the project meets the following techniea performance standar 1. Curb cuts ark minimized: Check off all that apply to the project: use of a common driveway for access to more than one business use of an existing side street use of a looped service road 2. Does the project require more than one driveway cut? NO YES(if yes,explain why) 3. Are pedestrian,bicycle and vehicular traffic separated on-site? ,J,, ��� YES (-NO(if no,explain why) Y-`3_cxt/►0_ FOR PROJECTS THAT REQUIRE INTERMEDIATE SITE PLAN APPROVAL, ONLY.SIGN APPLICATION AND END HERE.' 9. I certify that the information contained herein is true and accurate to the best of my knowledge.The undersigned owner(s)grant Planning Board permission to enter the property to review this application. Date: Applicant's Signature: Date: Owner's Signature: (If not the same as applicant's) FOR PROJECTS THAT REQUIREA<SPECTAL�PERAHT:OR R'13ICH�TtE A.MAJOR PROJECT, applicants MUST also co leteahe>followm .F. Explain why the requested use will: 1 not unduly im air the integrity or character of the district or adjoining zones: Q ��1� W prri� � not be detrimental to .health,morals or general welfar . be in harmony with the general purpose and intent of the Ordinance: L�\XOA- 6 B. How will the requested use promote the convenience and safety of pedestrian movement within the site and on adjacent streets?:!�(L— I-b A 0A \b \ MA How will the project minimize traf is impacts on the streets and roads in the area? Where is the location of driveway openings in relation to traffic and adjacent streets? c" 1 What features iave been incorporated into the design to allow r: access by emergency vehicles: Ortocl the safe and convenient arrangement of parking and loading spaces: `k\AP provisions for persons with disabilities: win �S C. How will the proposed use promote a haanponniilous relationship of structures an open spaces to. T,Vk. the natural landscape: YY11 to existing buildings:=� w-c'-t t}' 'fir�/1'\cy lit 1,t> 3 \\ &A O OrQ ,-gin`A�C4\n U C i S13g Wo other community assets in the area: D. What measures are being taken that show the use will not overload the City's resources,including: water supply and distribution system: ,,D (/� ry g sY � � L `p a � sari sewage and storm water collection and treatment stems: fire protection,streets and schools: _ 1 nt) 1 0 "s!% o cca'n How will the proposed project mitigate any adverse impacts on the City's resources,as listed, above? Ci E. List the section(s)of the Zoning Ordinance that states what special regulations are required for the proposed project (flag lot,common drive,lot size averaging,etc.) 5 0/D n 5 � - ly CITY OF NORTHAMPTON PLANNING BOARD APPLICATION FOR: 1. Type of Project: SM PLAN:APPROVAL: - 3 19 .Intermediate P oj n) Major ProjectfC�it) OR �PECIALTERMIT: Intermediate Project(with Site Plan Appro' Major Project(Site Plan Special Permit) 2. Permit is requested under Zoning Ordinance:Section: Page: - 3. Applicant's Name: Address: Q Telephone:g y 4 jOt 4. Parcel Identificatu Zoning Map# l� Parcel# --� Zoning District:�� Street Addre`ssiN (�- \,r& \ �(` j,-3 Y` �n eo 5. Status of Applicant: Owner !/ Contract Purchaser Lessee Other ;(explain) 6. Property Owner: T)r)xcv-l"`���� C/-t n _ Address: Telephone: _ o � 7. Describe ropose oik/Project: (Use additional sheets if necessary): Has the following information been included in the application? Site/Plot Plan List of requested waivers Fee Signed/Denied Zoning Permit App lion 8. Site Plan and Special Permit Approval Criteria.(If any permit criteria does not apply,explain why) Use additional sheets if necessary. Assistance for completing this information is available through the Office of Planning&Development. A. How will the requested use protect adjoining premises against seriously detrimental uses? S Gk-Vff uL�u haves vec< How will the project provide for: 4.r AAR— Ak\k r'd.��,ej '\ surface water drainage: �Y sound and sight buffers: A.(i i \00=\A-O S AAV DUSQ .U*C C\'ev Q AQ �i 0. fp ' - l An A the preservation of views,light and air: -Viy,,6 kkmc-k tAkO�ow .e 4