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25C-089 (4) CITY OF NORTHAMPTON ,�.. ZONING BOARD OF APPEALS � NORTHAMPTON, MASSACHUSETTS 01060 DATE: FEBRUARY 23 , 1990 RE: THE APPLICATION OF JENNIE H. MIENTKA AND EDWIN AND HELEN ANUSIEWICZ FOR A VARIANCE TO ALLOW THE CONVEYANCE OF A TEN-FOOT WIDE PARCEL OF LAND AT THE REAR OF THE MIENTKA PROPERTY TO ANUSIEWICZ, THE ABUTTING PROPERTIES BEING LOCATED AT 49A GRANT AVE. AND 34 LINCOLN AVE. Pursuant to the Provisions of the General Laws of the Commonwealth of Massachusetts, Chapter 40A, Section 15, notice is hereby given that a decision of the Zoning Board of Appeals of the City of Northampton was filed in the Office of the City Clerk on the above date GRANTING the requested Variance. If you wish to appeal this action, your appeal must be filed in Superior Court within 20 days of the date this decision was filed in the Office of the Northampton City Clerk. i Robert C. Buscher, Chairman l _ CITY OF NORTHAMPTON ZONING BOARD OF APPEALS NORTHAMPTON, MASSACHUSETTS 01060 DATE: FEB 2 .1 i:790 Certificate of Granting of Variance or Special Permit (General Laws, Chapter 40A, Section 11) THE ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT A VARIANCE OR SPECIAL PERMIT HAS BEEN GRANTED: TO: JENNIE H. MIENTKA AND EDWIN AND HELEN ANUSIEWICZ ADDRESS: 49A GRANT AVENUE/34 LINCOLN AVENUE CITY: NORTHAMPTON, MA 01060 AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR BUILDINGS AT: 49A GRANT AVE. /34 LINCOLN AVE. NORTHAMPTON, MA. And the said Zoning Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance/Special Permit, and that copies of said decision, and all plans referred to in the decision, have been filed with the City Clerk. The Zoning Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no Variance or 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 in the Office of the City Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index 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. ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON By: By. Chairman Secretary Northampton Zoning Board of Appeals February 7, 1990 Meeting Page Two Ch. Buscher asked Mr. Growhoski, 'You're here only because ten feet requires a variance?" Mr. Growhoski replied, "We're not four feet from the line with the accessory structure. The layout of the land and buildings is illogical. We'd like a rectangle. " There being no one present to speak in favor or in opposition, Dr. Laband moved the Public Hearing be closed. Mr. Brandt seconded, and the motion passed unanimously. Dr. Laband began, "I find there is a particular problem that exists because of the topography and the location of the buildings, and the relationship of the buildings to the land. These houses were built many years ago, very close together, and this affects only these structures. A literal enforcement would be a hardship in that the two parties are in a tight, crowded situation. Desirable relief can be granted without substantially derogating from the intent of the ordinance, because the Planning Board is engaged in changing the ordinance to make land swaps between nonconforming lots doable with only a Finding. Mr. Brandt said, "This situation existed before the zoning ordinance. It seems amiable to change this now, and I find in the same fashion as Dr. Laband and will vote for it. " Ch. Buscher concluded, "I agree with my colleagues. The Applicant's intent is to preserve the integrity of the back building in the future, and maintain light and air to continue a desirable use. Taking from the other parcel will not create a new violation. There is no affect on the abutters or anyone in the city, so relief can be granted. This Board will not usually go outside 40A, but I will in this case. Mr. Brandt seconded Dr. Laband' s motion to grant the variance, and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman Northampton Zoning Board of Appeals FEB 2 31990 February 7, 1990 Meeting Pacie One "11'13 T OF BUILDING INSPECTIONS The Northampton Zoning Board of Appeals met'R MPMN, L010U ,m, on Wednesday, February 7, 1990 in Council Chambers, Wallace J. Puchalski Municipal Building, Northampton, to conduct a Public Hearing on the Application of Jennie H. Mientka and Edwin and Helen Anusiewicz for a Variance from the Provisions of Section 6. 2 to allow the conveyance of a ten-foot wide parcel of land at the rear of the Mientka property to Anusiewicz, to "tidy up" the property line between the two parcels. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and William Brandt. Ch. Buscher opened the Public Hearing by reading the Application, the Legal Notice, a memorandum from the Northampton Planning Board, and applicable portions of section 6. 2 . Atty. Thomas Growhoski appeared for the Applicants. He pointed out that Mrs. Mientka and Mr. Anusiewicz are siblings, each occupying a home that was once owned by their father, the houses facing two different streets, Lincoln Avenue and Grant Avenue, and having abutting rear yards. The purpose of the property transfer is to increase the rear yard setback of Anusiewicz from four feet to 14 feet, all of which brings an occupied dwelling more into conformity at the expense of a nonconforming garage. Mr. Growhoski addressed the Chapter 40A criteria, and found the unique topographical feature to be the irregularly shaped Mientka parcel and the location of the garage upon it; the hardship to be increased light and air, ease of maintenance and better access by fire vehicles. If an owner subsequent to Mientka were to put up a fence, firefighting would be extremely difficult. To grant the Variance would not be a detriment to the public good, and would make Anusiewicz more conforming, and would not derogate from the intent and purpose of the ordinance. There was no one present to speak in favor or in opposition. Mr. Growhoski pointed out that at the Planning Board meeting, he was told that an upcoming ordinance change would make such property transfers allowable with only a Finding, not a vAriance. Adjusting lot lines between two nonconforming lots is "not a detriment to anyone. " Dr. Laband found the proposal to be "eminently reasonable--no change in the buildings. " Ch. Buscher asked, "Why are we doing this?" and was told by Mr. Growhoski, "The time to do this is while Mrs. Mientka is living. If her home were to become someone else' s property, they might not agree to this-. It's just easier now than later. " Mr. Anusiewicz agreed that, "It will enhance my property, and should we have any _family differences in the future, I will have a backyard. Now, my back steps are practically on the property line. It will still be a nonconforming lot with the addition, but the 10 ' gives us more freedom of movement. " �..u�: �F .��. _. r DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS At a meeting held on February 7, 1990, the Zoning Board of Appeals of the City of Northampton voted unanimously to GRANT the request of Jennie H. Mientka and Edwin and Helen Anusiewicz for a Variance from the Provisions of Section 6.2 of the Northampton Zoning Ordinance to allow the conveyance of a ten-foot wide parcel of land at the rear of the Mientka property to Anusiewicz. Present and voting were Chairman Robert C. Buscher, William Brandt, and Dr. Peter Laband. The Findings are as follows: The Mientka parcel and the Anusiewicz parcel are both nonconforming because of size, setbacks, and two principal dwellings on one of the parcels. The Mientka parcel has its frontage on Lincoln Avenue; the Anusiewicz parcel fronts on Grant Avenue. The rear yards abut. The Anusiewicz parcel has two dwellings on it, 49 and 49A Grant Avenue. The Board finds a unique topographical feature to be the irregularly-shaped Mientka parcel, and the location of the two houses on the Anusiewicz parcel relative to the location ® of the garage on the Mientka parcel. These two parcels are singularly affected. Literal enforcement of the ordinance would create a hardship to the petitioners by depriving them of light and air, ease tnn Cq of maintenance, and by creating a physical barrier to a� sm effective firefighting. z Granting the request will not substantially derogate from the intent of the ordinance, since an ordinance change has been promulgated that will require only a Finding to correct property line quirks, and granting the variance has no effect on any abutters. The lots are to be reconfigured in the manner shown on a drawing entitled, "Plan of Land in Northampton, Massachusetts Prepared for Jennie H. Mientka and Edwin Anusiewicz" by Harold L. Eaton an [ Associates dated October 25, 1989 . Robert C. Buscha Chairman ill•iam Bran Dr. Peter Laband 49A Grant Ave/34 Lincoln Ave.