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35-129 (4) h Pursuant to Massachusetts General Laws (MGL) , Chapter 40A, Section 11, no Special Permit, 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 Special Permit has been Granted 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 or the Northampton District 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. Applicant: William and Carolyn Gibb - 39 O'Donnell Drive DECISION DATE: Mai 180 1444 DECISION FILED WITH THE CITY CLERK: ,'oaf 26e 1944 e tet La band A, SanAQVd ptec�, Jtt, PIC co ���5ti ti 4ex r 'n -4- ATTACHMENT A SPECIAL PERMIT TO ATTACH AN ACCESSORY TO THE PRINCIPAL RESIDENTIAL STRUCTURE AT: 39 O'Donnell Drive In Granting the Special Permit, the Zoning Board of Appeals found that the requested use meets all special regulations set forth in the Zoning Ordinance, specifically Section 6.7 - Accessory Structures. In making this decision, the Zoning Board of Appeals found: 1. The side and rear setbacks are at least ten feet (10) . 2 . The accessory structure is proposed to be used only as a garage, storage space, or workshop, for non-commercial purposes, and not for any other uses. 3 . The Zoning Board of Appeals finds that the structure is no more visually intrusive than a detached structure in the same location. -3- 5. The reques d use meets and,"p July ecial regulations set forth in the Zoning Ordinance. 6. The requested use will°� impair the integrity of character of the dstr%ct 'or djoining zones, nor be detrimental to the health morals, or general welfare and the requested use is in harmony with the general purpose and intent of the Ordinance. In reviewing the site Plan, submitted with the Special Permit, the Planning Board: --- 1. Voted 8: 0 to Grant the requested waivers listed below: B, B-2, B-5, B-6, B-7, B-8, B-9, B-10 -2- U City of Northampton, Massachusetts Office of Planning and Development ? City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 FAX (413) 586-3726 i i'�Iti: � � N MA 0106; •Community and Economic Development NO HAMPTO _ •Conservation •Historic Preservation • Planning Board•Zoning Board of Appeals •Northampton Parking Commission DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICANT: WILLIAM W. GIBBS, JR. AND CAROLYN GIBBS ADDRESS: 39 O'DONNELL DRIVE, FLORENCE, MA 01060-3524 OWNER: WILLIAM W. GIBBS, JR. AND CAROLYN GIBBS ADDRESS: 39 O'DONNELL DRIVE, FLORENCE, MA 01060-3524 RE LAND OR BUILDINGS IN FLORENCE AT: 39 O'DONNELL DRIVE MAP AND PARCEL NUMBERS: MAP # 3 5 PARCEL # 12 9 At a meeting conducted on May 18, 1994, the Northampton Zoning Board of Appeals unanimously voted 3: 0 to grant the request of William W. Gibbs, Jr. and Carolyn Gibbs for a SPECIAL PERMIT and SITE PLAN APPROVAL under the provisions of Section 6.7, page 6-10 in the Northampton Zoning ordinance to construct a 16' X 24' attached garage at 39 O'Donnell Drive, Florence. Zoning Board Members present and voting were: Chairman Dr. Peter Laband, M. Sanford Weil, Jr. and Alex Ghiselin. In Granting the Special Permit, the Zoning Board of Appeals found: 1. The requested use for an attached accessory structure is so designated in Section 6.7, page 6-10 of this ordinance. 2 . The requested use bears a positive relationship to public convenience or welfare by providing a garage and storage space for the homeowner. 3 . A garage will not add to or create undue traffic congestion or unduly impair pedestrian safety. 4 . The requested use will not overload any public water, drainage or sewer system, or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the City will be unduly subjected to hazards affecting health safety or the general welfare, because a garage will not overload any public systems. ORIGINAL PRINTED ON RECYCLED PAPER