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.