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."