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25C-139 (6) Northampton Zoning Board of Appeals November 16, 1988 Meeting Page Two Dr. Laband moved that a favorable Finding be issued since the proposed use is not substantially more detrimental to the neighborhood than the existing use, but added three conditions: 1) The parking lot drainage system requires the approval of the DPW, 2)a berm must be put around the entire perimeter of the lot to protect abutters, and 3 )parking lot traffic be one-way. Ch. Buscher added a fourth condition, that plantings be placed as indicated on the site plan. Mr. Brandt seconded, 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 November 16, 1988 Meeting The Northampton Zoning Board of Appeals met at 9:00 p. m. on Wednesday, November 16, 1988 in Council Chambers, Wallace J. Puchalski Municipal Building, to continue the Public Hearing on the Application of Robert F. Czelusniak for a Finding under the Provisions of Section 9 . 3 (b) , and a Variance from the Provisions of Sections 8 .10(11) and 8.10(12) relative to a 25 ' wide curb cut on the same frontage as an existing curb cut with the result that the two curb cuts will not be the requisite 30 ' apart. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband and William Brandt. Ch. Buscher read the Application, a memorandum dated Nov. 16 from the Northampton Planning Board, and a letter dated November 9 from Paul Hadsel of the DPW. Atty. Eric Gervais appeared with the Applicant, and described the site plan. He pointed out there has been absolutely no objection from the abutters to the plan. He described the Variance requests as involving "de minimus dimensional deficiencies, " and pointed out that the Courts do not hold such requests to the same strict standards as they do "use" Variance requests. Mr. Czelusniak described the drainage, manholes, berms and plantings that are planned. They are eliminating an unused curb cut on North St. and replacing it with a new one. The whole thrust of the project is to get the cars of people attending calling hours and funerals off North Street and Orchard Street, where they cause a hazard by narrowing the roadway. After the information was presented, 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 found a hardship to the Applicant in the inability of limousines and hearses to navigate a 15 ' driveway, and found hardship to the neighborhood if the cars of visitors were not removed from the streets. He felt the Variance could be granted without derogating from the intent of the ordinance, since public safety and traffic congestion are in fact concerns of the ordinance. He moved to grant the two variances, with the condition that the "old, unused" curb cut on North Street be closed. Mr. Brandt allowed that, "If I reviewed this vis-a-vis Chapter 40A, Section 10 , I 'd say 'No. ' There' s nothing unique and no hardship. However, I am swayed by the 'de minimus' argument. I;m familiar. with the area. This makes sense--it improves safety, and I ' ll vote in favor. " Ch. Buscher announced he would vote with his colleagues. NORTHAMPTON ZONING BOARD OF APPEALS DECISIONS ON THE APPLICATION OF ROBERT F. CZELUSNIAK PAGE TWO THE FOLLOWING CONDITIONS SHALL APPLY: 1) TO THE FINDING: -The parking lot drainage system must meet with the approval of the Northampton Department of Public. Works. -A berm must be built around the entire perimeter of (+ the parking lot to protect abutters from water runoff. �! -The flow of traffic in the parking lot must be "one- way. it -Plantings and shrubbery must be placed as indicated on the site plan, to buffer the enlarged parking lot from the neighbors. 2) TO THE VARIANCES: f1 -The existing, unused curb cut at the northeasterly f edge of the North Street frontage must be eliminated by installing curbing to close it. Robert C. Buscher, Chairman 1 ou" , Dr. Peter Laband William Brandt •\ � � �. �mow-h P.� r �l NOV 3 0 1988 € DECISION OF DEPT.OF 81U1 LNG INSPECTIONS � NORTHAMPTON ZONING BOARD OF APP NOnTNNIPraV, OIOfO I At a meeting held on November 16, 1988 , the Zoning Board of Appeals of the City of Northampton voted unanimously to GRANT the Applications of Robert F. Czelusniak for Variances from the Provisions of Section 8.10( 11) and 8.10( 12) of the Northampton Zoning Ordinance to allow the construction of a 25 ' wide curb cut on the same frontage as an existing curb cut with the result that the two curb cuts will be less than the requisite 30 ' apart, and a _zu_. under Section 9 . 3 (b) that the enlargement of a parking lot serving a Funeral Home will not be substantially more detrimental to the neighborhood than the existing use at 173 North Street, Northampton. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and William Brandt. The Findings were as follows: The Board voted unanimously that the enlargement of the parking lot would not be substantially more detrimental to the neighborhood than the existing lot, and in fact found that enlargement of the lot would be beneficial to the neighborhood in that it would increase safety by eliminating on-street parking of persons visiting the Funeral Home. The Board found that increasing the width of the curb cut from the allowed fifteen feet to twenty-five feet, and the fact that there would be slightly less than the required thirty feet separation between the proposed curb cut and an existing curb cut on the same frontage involved de minimus dimensions, and that Variances involving such de minimus dimensions are not held to the same standard as a "use" variance, particularly as to the criteria concerning uniqueness of lot, and hardship resulting from a literal enforcement of the Zoning Ordinance. The Board found that the requested relief could be granted without derogating from the purpose and intent of the Ordinance, because one of the purposes of the Ordinance (Section 1.3) is "to lessen congestion in the streets."