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Offire of the 3Inaptrtor of 10uilbings W
212 Main Street•Municipal Building
Northampton, Mass. 01060
z1 V
COMPLAINT SHEET
How received: Telephone e
p ( ) M,; I� D Complai t No.
. L
Personal (k) Date:
Letter ( ) JUL z {� Time: A.M. a?•%U P.M.
Telephone No.
Complainant's Name:
Complainant's Address: � -1 C;;!-
Complaint received by:
VIOLATIONS OF:
❑ Chapter 44 Zoning Ordinances, City of Northampton
❑ Chapter 802 As Ammended Mass. State Building Code
❑ Sanitary Code, Art.2
Complaint reported against:
Name: _ -��- �1�,t.c/C Tel.
.6
Address:
1
Location of complaint: Map# _ Lot#
Signature of Complanants: /-� - ✓J
Nature of complaint:
/
Investigation: Yes ( ) No ( ) Investigated by: _
C7Z
i
DECISION OF
i ZONING BOARD OF APPEALS
I
At a meeting held on May 29, 1986, the Zoning Board of Appeals of
the City of Northampton voted unanimously to.deny the Variance request of
Charles A. Schmidt, 703 Ryan Road, Florence, for the purpose of subdividing
his property into three nonconforming lots at 703 and 685 Ryan Road,
Florence, MA (SR Zone). Present and voting were: Chairman Robert C. Buscher,
l� William Brandt and Sanford Weil, Jr.
i
The findings were as follows:
W. Brandt found that as the Table of Dimensional and Density
Regulations of the Northampton Zoning Ordinance requires 30,000 sq.ft.
in a SR zone, and Mr. Schmidt is requesting a subdivision of lots that
would measure less than 30,000 sq. ft. , a Variance is necessary.
Referring to M.G.L. , Chapter 40A, he found that there are no unique
characteristics to the parcels; that, although the applicant argued
that a hardship exists, he could find no hardship; that, as the
applicant is requesting to be allowed to use 75% of the required
square footage in a SR zone, and as the intent of the Ordinance
is to retain larger lots in SR zones, the requested, more intense
use of the property does derogate from the intent of the Ordinance.
S. Weil concurred, citing from the Northampton Zoning Ordinance,
Section 6.2, requiring 30,000 sq. ft. in a SR zone; Section 4.2,
regarding the creation of nonconforming lots; Section 6.3, regarding
reduction in lot areas; and Section 6.8, regarding no more than one
principal structure on a lot, and finding that the requested use does
derogate from the intent of the Zoning Ordinance.
R. Buscher concurred, finding that the evidence presented in the
applicant's argument that lot #28 is a "grandfathered", single-family
building lot, indicates that prior to the passage of the Zoning Ordinance!
u
lot #28 was merged and in common ownership with one or more of the
adjacent lots, even though it was carried and assessed as a separate
lot; that although he sympathizes with the applicant' s difficulties
of an expanded family, this does not constitute a sufficient hardship. i
i
i'
Robert C. Buscher, Chairman
I
I:
ac
� ,. William Brandt
Sanford Weil, Jr.
I'.
� 1
i
of 'Wed4amptEm
DEPARTMENT OF BUILDrNG INSPECTIONS
212 Main Street - Municipal Building
Northampton, Mass. 01060
NOTICE ORDER
OF AND TO
ZONING ORDINANCE VIOLATION CEASE, DESIST, AND ABATE
Mr./Mrs./Ms. Charles A. Schmidt , and all persons having notice of this
order.
As owner/occupant of the premises, located at 703 Ryan Rd.
Assessor's Map 28 Plot 27 , and known as residential. Sr zone ,
you are hereby notified that you are in violation of the City of Northampton's
ZONING ORDINANCE(s), ARTICLE(s) 5 & 8 , SECTION(s) 5.1 & 8.10-17, and are ORDERED
'this date 7-6-84 to:
1. CEASE AND DESIST immediately, all functions connected with this
violation, on or at the above mentioned premises.
summary keeping and storage of junk and or unregistered motor vehicles.
of
violation
2. COMMENCE within twenty-four (24 ) hours, action to abate this violation
permanently within fourteen (14) days
remove all junk and or unregistered motor vehicles from property
summary of
action to
abate
and if aggrieved by this order; to show cause as to why you should not be
required to do so, by filing with Clerk of the City of Northampton, a Notice
of Appeal (specifying the grounds thereof) within thirty (30) days of the
receipt of this order.
If at the expiration of the time allowed, this violation has not been remedied, further
action as the law requires shall be taken.
By order,
I 2-e
INSPECTOR F ILDINGS
ZONING ENFOR GENT OFFICER
-, THE COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF REVENUE
C_ DIVISION DIVISION OF LOCAL SERVICES
BUREAU OF LOCAL
ASSESSMENT
INFORMATIONAL GUIDELINE
RELEASE NO. 86-402
SUBJECT: Usaae
IRA A. .JACKSON Classification
EDWARD J. COLLINS, JR,
COMMISSIONER DEPUTY COMMISSIONER
February 1986
CLASSIFICATION AND TAXATION OF PROPERTY ACCORDING TO USE
( G$neral Laws Chapter 59, Sectio 2A(b)
In a recent decisio , the Supreme Judic ' al Court upheld the
Commissioner of Revenue' s "Guidelines for C assification and Taxation of
Property According to Use, Property Type C assification Codes . "
McNeill v. Board of Assess 4s of West S r ' afield, 396 Mass . 603 (1986 ) .
BACKGROUND:-
The issue raised in this c se wa whether nursing homes were
properly classified as commerci pro erty by the assessors, who relied
on guidelines issued by the Commissi ner. The taxpayer argued that the
nursing home fell within the stat t ry definition of residential property
because it was a facility designed nd used for living, sleeping, cooking
and eating on a non-transient basi .
The Court upheld the Appell to T x Board' s determination that the
guidelines properly classified rsin homes as commercial property. The
guidelines distinguished betwee group uarters such as dormitories ,
which were determined to be re idential property under the statute , and
nursing homes, which were clas ified as ommercial property. The Court
found .that this distinction w s reasonab a because the primary economic
purpose of a nursing home is to provide c re and treatment services and
that the provision of room a d board is in idental to those services.
GUIDELINES:
Nursing homes, and o er facilities whose primary economic purpose
is to provide services ra her than residential quarters , should continue
to be classified as Comm rcial property.
BUREAU OF LOCAL ASSESSMENT Jane H. Malme, Chief
Kenneth Stein, Deputy Chief
Telephone: (617) 727-4217 Charles Hoen, Assistant Chief
I
C`19L
' t
`9 32 71,
,s° � 29-307 •
30
Go 29 26
141.1 r ��
2 ' gib° a S4 41
24 .
o _ * ; ,46
,P'
�Qt� 144.33
a
20 23 a 43
COCRO;* �►rE S��E�►
6 3• N e 9 ,'7J V
.4
20 21 2?` 23 24 25 •
2T to 29 �4.�1 �, X32 '3 C 0
34 35 36 ( 3� 34.,
-
42 43 44 4i 45 A7 t SHEET
— -- -- --_--
NO
f
. 3 $ MAP. ' .
The applicant believes that if he is unable to build a third
house on the land he owns on Ryan Road he will suffer a
substantial hardship. When he bought Lots 27 and 28 he relied
on the fact that the city taxed the lots separately as evidence
that Lot 28 was a distinct building lot. The applicant's need
for living space is about to increase beyond the capacity of
his present home at 703 Ryan Road. He is shortly expecting
the birth of his first child. In 1985 his father died in
Florida leaving his mother without a caretaker. She suffers
from a chronic bronchial condition. It is the applicant's
desire to bring her up north to live with him. He would move
with his mother and his family into the proposed house and
would rent out the smaller house at 703 Ryan Road (Lot 27) . If
he is unable to do this, he will be forced to consider placing
his mother in a nursing home.
The applicants request, if granted, will not be a substantial
detriment to the public good. His house is situated a short
distance from the boundary of the URA District. That district
only requires a minimum lot area of 20, 000 square feet. The
applicant's proposed new lots each have 22, 393 square feet. In
addition, there are many non-conforming lots in the S-R
District in the vicinity of the applicants property. The
granting of this application will therefore not nullify the
intent of the zoning ordinance with respect to this section of
Ryan Road.
OF
�, qtr.;
4
CONTINUATION OF APPLICATION TO
NORTHAMPTON ZONING BOARD OF APPEALS
9 . Reasons upon which application is based: Applicant is the
owner of three adjacent lots on Ryan Road in Florence. Parcels
27 and 28 were purchased together on September 29, 1976. There
was an existing house on Lot 27 which is still present. It was
represented to the applicant by the seller that Lot 28 was a
building lot.
On December 9, 1981 the applicant purchased Lot 29 together
with the house thereon, which is still present.
When the applicant inquired about obtaining a building permit
for Lot 28, he was informed that the lot lacked the minimum
area required.
In fact, an argument can be made that the applicant has
"grandfather" rights under Section 9.4 of the zoning ordinance
to build a single family house on Lot 28 as presently
constituted. The lot has at least five thousand square feet of
area and fifty feet of frontage; it is in an area zoned for
single family use; and it conformed to existing zoning
requirements when the lot was created. According to the city
records this lot has maintained it separate identity. The
Assessors continues to show Lot 28 on its Maps. The Tax
Collector continues to bill the applicant for three separate
lots on Ryan Road, The applicant has continued to pay taxes
to the city separately for Lot 28.
However, due to the odd shape of Lot 28, the applicant has no
desire to attempt to exercise these "grandfather" rights. Its
triangular shape would make it difficult, if not impossible, to
make any practical use to the property. The peculiar shape of
the parcel is not a condition generally affecting the S-R
Zoning District.
The applicant is in a hardship position in that he cannot
increase his square footage by buying any more land around
him. Lot 59 is directly behind the parcels owned by the
applicant. The whereabouts of the owner of Lot 59 is unknown to
city officials and no taxes have been paid on this parcel for
some years. The applicant would be willing to purchase this
property from the City if the City were to take the property
for non payment of taxes. However, it is the applicant's
understanding that because of the expense involved the city is
unwilling to commence legal proceedings. The owner of Lot 40
is not in a position ell any additional land to the
applicant. ,
' r s MAR 18, 198E
Assessor's Map
11. List of Abutters: Address Sheet No. Parcel
1. Donald C. and June M.. Upham 28 40 _ ...... �.. .. ,,,,
723 Ryan Road, Flnrtnr«P
2- Ernest W. Blobel 28 59
Ryan Road
3-John F. Skibiski Realty Partnership 28 34
North King Street, Northampton, MA
4. Donald J. and Marie D. Burdo 28 62
619 Ryan Road
5.Edward P. and Anne M. MacDonald 28 32
658 Ryan Road
6- Stephen F. Dion and Sandra L. Berchulski 28 30
668 Ryan Road
7. Jean P. Liswell 28 26
P.O. Box 222, 680 Ryan Road
8. Carl S. and Esther M. Growhoski 35 132
716 Ryan Road
9- Douglas V. and Lois Delisle 28 41
690 Ryan Road
10. Donald J. and Edith M. Childs 28 20
700 Ryan Road
21.
22.
23.
24.
25. �'`
a
4
26.
Yj
28.
29.
30.
(Attach additional sheets, if necessary)
rIVot Wr rite In'" aces Application Number: ,1
s' f 'd. BA Ma (s) Parcels)
i Rec d. B.1. cked Filed Fee Pd. Rec Z P
By 1 Pa a Date Date Amt.,__ Date ey Date
3- j 18��v�' :�Yj r�
' t dt 4 e Y MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS:
1. Name of Applicant Charles A. Schmidt
Address 703 Ryan Road, Florence, MA
2. Owner of Property - ,_ A gc1-,m;dt
Address 703 Ryan Road Florence MA
3. Applicant is: MOwner; ❑Contract Purchaser; ❑Lessee; ❑Tenant in Possession.
4. Application is made for:
VARIANCE from the provisions of Section 6.4 page 6-6 of the Zoning Ordinance of the
City of Northampton; variance from Section 6.2 page 6-1 as the three proposed
lots will have less than the mininm lot area and the middle lot will have
less width at the building line than at the street line.
El SPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance
of the City of Northampton.
❑OTHER:
5. Location of Property 703 and 685 Ryan Road, Florence, MA being situated on
the North side of Ryan Road and shown on the Assessors' Maps,
Sheet No. 28 , Parcel(s) 27,28 and 29
6. Zone S-R
7. Description of proposed work and/or use, Applicant wishes to increase the square footage
of Lot X18 by decreasing the square �oo`tage o is 27 an t re ter construct
a hause on Lot 2F e propose ouse wl oe a singe � tw .story resit ential.
dwelling in t location sown on the attached plan. The proposed dimensions are 24 teet
by 36 feet
8. (a) Sketch plan attached; El Yes 0 N
(b) Site plan: MAttched ❑Not Required
9. Set forth reasons upon which application is based: See Attached Sheet
10. Abutters (see instructions; list on reverse side of form).
12. 1 hereby certify that information contained herein is true to the best of my knowledge.
Date 3 6/F6________AppIicant's Signature -
CITY OF NORTHAMPTON Tai Map No. �� Lot ty
ZONING PERMIT APPLICATION s
Zoning Ordinance Section 10.2 a ivkd8 1%6 File No. Plan File
Owner Charles A. Schnidt Applicant'"Charles A. Schmidt
Address 703 Ryan Road, Florence, MA Address 703"Ry Road, Florence, MA
Telephone 586-4342 Telephone 586-4342
This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations:
(Z.O.ARTICLE VI)
Zoning Use Lot Front Depth Setbacks Max. Bld. Min. Op.
District Area Width Front I Side Rear Cover Space
Past Existing
8,000 100 107.8
Feet Feet -- -- -- -- --
Present Proposed 22,394 125 330 135 20 40 3.8 % 96.2 %
Feet Feet F Feet Fe t
Mark the appropriate box to indicate the use of the parcel:
X Non-Conforming Lot and/or Structure. Specify Applicant is- the owner of Lot 28 on Tax Map Number
98 aM-d ;4-5;heq t o exZa-0— i s nT t and-'hiii l rl a n1i.SP t PrPnn- -
EK Residential OSingle Family Unit ❑Multi-Family
❑ Duplex ❑ Other
❑ Business
❑ Individual
❑ Institutional
El Subdivision ❑ Regular El P.U.D.
❑ Cluster ❑ Other
❑ Subdivision with "Approval-Not-Required"-Stamp:
❑ Planning Board Approval:
❑ Zoning Board Approval (Special Permit 10.9: Variance)
❑ City Council (Special Exception S. 10.10)
Watershed Protection District Overlay: (Z.O. Sect. XIV) ❑ Yes IX No
Parking Space Requirements: (Z.O. Sect. 8.1) Required 2 Proposed 2
Loading Space Requirements: (Z.O. Sect.8.2) Required 0 Proposed 0
Signs: (Z.O. Art. VII) ❑ Yes r No
Environmental Performance Standards: (Z.O. Art. XI 1) ❑ Yes X7 No
Plot Plan N Yes ❑ No Site Plan Yes ❑ No
(S. 10.2) (S. 10.2 and 10.11
Waiver Granted: Date ❑
This section for OFFICIAL use only:
❑ Approval as presented:
❑ Modifications necessary for approval:
❑ Return: (More information needed)
Denial: Reasons: S
3u/0
Signature of Applicant Date Signature dmin. Officer Date
Aovallk
P NL�S P
VINCENT & GREEN
ATTORNEYS AT LAW
8 HAMPTON AVENUE,THE PLAZA BUILDING
POST OFFICE BOX 210
NORTHAMPTON,MASSACHUSETTS 01061-0210
413-886-8218
JOHNJ.GREEN,JR. -ALSO ADMITTED IN TEXAS
THOMAS P.VINCENT'
ROGER P.LIPTON
GEOFFREY B.WHITE „.,,� +...r.
March 17, 1986 a
MAR 1 8
Northampton Building Inspector ,pF
Room 100
Municipal Office Building
212 Main Street
Northampton, MA 01060
Re: Variance Application of Charles A. Schmidt
Dear Inspector:
Enclosed please find the Variance Application and 11 copies for
Charles A. Schmidt together with the required $97.00 filing fee.
Please contact me if you should have any questions concerning
this Application.
ncerel
hon
Ro er P. Lip Esq uire
Encl: 13
RPL:kl
THE COMMONWEALTH OF MASSACHUSETTS
REGISTRY OF MOTOR VEHICLES
100 NASHUA STREET
BOSTON, MASS. 02114 CERTIFICATE OF REGISTRATION
PLATE TYPE I REGISTRATION NUMBER MONTH YEAR TRAILER
TRN 62093 MOF 11 9E
FEES:' NAME(S) OWNER(S)AND MAILING ADDRESS EFFECTIVE DATE 04/30/92
REGISTRATION 20. +�
SC I DT, GHARLES A V
TITLE 0. 00 703 RYAN RD ttRH� r�� „` ER 61
SPECIAL PLATES 0. 00 NORTHAMF,TON, MA 01060-3443
SALES TAX 0. 00
TOTAL 20. L710 REGISTRAR
RESIDENTIAL ADDRESS(IF DIFFERENT) IF VEHICLE CARRYING IF VEHICLE USED FOR
PASSENGERS FOR HIRE: TRANSPORTING GOODS,
1959 S LMA LIT I L I T TRAIL GRAY MAXIMUM NUMBER OF WARES, MERCHANDISE:
PASSENGERS THAT TOTAL REGISTERED WEIGHT.
MFRS MODEL CAN BE SEATED.
YEAR MAKE MODEL NAME BODY STYLE ITYPE COLOR
c?A0 I --' CU HOMELAND INS CO Z6 3 56 001000
VEHICLE IDENTIFICATION NUMBER I INSURANCE COMPANY TITLE NUMBER
NOT VALID UNTIL STAMPED WITH OFFICIAL SIGNATURE STAMP OR SIGNATURE OF THE REGISTRAR
THE COMMONWEALTH OF MASSACHUSETTS
>� REGISTRY OF MOTOR VEHICLES
100 NASHUA STREET
BOSTON, MASS. 02114 CERTIFICATE OF REGISTRATION
PLATE TYPE I REGISTRATION NUMBER MONTH YEAR TRAILER
TRN 62090 • 70WNER(S)11 9
FEES:' NAME(S) AND MAILING ADDRESS EFFECTIVE DATE 04/30/92
REGISTRATION 53. 00 SCHM CHARLES A
TITLE 0. 00 703 RD TRANSACTION NUMBER
SPECIAL PLATES 0. 00 NORTHAMPTON, MA 01060---3443 16
SALES TAX 0. 00 :T.
Regrxiar
I
TOTAL 53. 00
REGISTRAR
RESIDENTIAL ADDRESS(IF DIFFERENT) IF VEHICLE CARRYING IF VEHICLE USED FOR
PASSENGERS FOR HIRE: TRANSPORTING GOODS,
1972 RTCO I TRRVELJ TRAIL WHITE MAXIMUM NUMBER OF WARES,OR MERCHANDISE:
PASSENGERS THAT TOTAL REGISTERED WEIGHT.
MFRS MODEL CAN BE SEATED.
YEAR I MAKE MODEL NAME BODY STYLE/TYPE COLOR
X 5843 XJt)843 004000
VEHICLE IDENTIFICATION NUMBER I INSURANCE COMPANY M7 TITLE NUMBER
NOT VALID UNTIL STAMPED WITH OFFICIAL SIGNATURE STAMP OR SIGNATURE OF THE P;:nILrn•..
VINCENT & GREEN
t' ATTORNEYS AT LAW APR S HAMPTON AVENUE,THE PLAZA BUILDING
A 22
POST OFFICE BOX 210
A � NORTHAMPTON,MASSACHUSETTS 01061-0210
DEPT.OF BIJUING
413-386-8218 14")Rt
i w
JOHNJ.GREEN,JR. *ALSO ADMITTED IN TEXAS
�,. THOMAS P.VINCENT*
ROGER P.LIPTON
GEOFFREY B.WHITE
April 18, 1986
Mr. Edward Tewhill
Northampton Building Inspector
212 Main Street
Northampton, MA 01060
Dear Mr. Tewhill:
I represent Mr. Charles A. Schmidt of 703 Ryan Road, Florence.
I understand that you were out to inspect his property on April
17, 1986.
Please be advised that Mr. Schmidt has represented to me that
he has never conducted an automotive or motorcycle repair
business at this site and that he has no intention of
conducting such a business at that site in the future. If you
should have any additional questions, please feel free to give
me a call.
S 'ncerely
R ge Lipton, Esquire
RPL:kl
UNITED STATES P09-TAL SERVICE
OFFICIAL BUSINESS
SENDER INSTRUCTIONS
Print your name,address,and ZIP Code In the space below. �
U.S.MAlL
•Compote hems 1,2,3,and 4 an the reverse. �®p
i •Attach to front of article If apace permits,
otherwise affix to back of article.
•Endorse article"Return Rocelpt Requested" PENALTY FOR PRIVATE
•adjacent to number. USE,$3W
I
RET®RN
I
Department-of Building Inspections
(Name of Sender)
212 Main Street
(Street or P.O. Box)
Northampton, Mass. 01060 .
{ (City,State,and ZIP Code)
I
E
I
is I
e SENDER:Complete Items 1, 2,3,and 4.
3 Add your address In the"RETURN TO"
space on reverse.
(CONSULT POSTMASTER FOR FEES)
c` 1. The following servks Is requested tclwck aim).
®Show to whom and date delivered
❑Show to whom.date,and address of delivery.. tl
2. ❑RESTRICTED DELI VERY........................... e
........
(ThO resftW e1 VWV be IS d Wped In eddXM -
b no return mew fee.)
TOTAL
3.MARTICLE ADDRESSED TO:
7rb Charles 4- Schmidt
Florence, Mass. 01060
4. TYPE OF SERVICE: ARTICLE NUMBER
REGISTERED ❑INSURED
CERTIFIED ❑COD P 620675595
❑EXPRESS PAIL
(Always obtain slgWure of adtImsee or agent)
I have received the article described above.
SIGNATURE ❑Addressee ❑Authorized agent
TE OF DELIVERY " ,''VWMARN
=1MY be.on merse sift)
6. ADDRESSEE'S ADDRESS
7CO ���
7. UNABLE TO DELIVER BECAUS '4' EE'S
M
0 NI.,
In
d OP0:1982.378683
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE.AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES (see front)
��16,f�, �ne ao
ii ,,u want!�i� st,c�.� e,Qu—fl�] ,cress s ine of use ari
2ftce se,,e jj hand to y0'Jr rLi i L,,
3rr1p
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the a
n,,,; :re a re
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e Ina,ra 3 .1 :1
-3rm j t bans G't i S
tc bjck ut j'T Cie of
ar,,ie RETURN RECEIPT REQUESTED ad[a,,
fou tj he rm,p-ee Aye he arc essee eoorse
I
RESTRICTED DELIVERY 1 he 'ne 'e
r,,c pt lu,,r ecelp?IS{p'
e�lec
F-!e,lee',
"I';efleu
4'8-2.0 675 595
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Sent to
Mr. Charles A. Schmidt
IT Stre7bjdiyan Road
0
Plorence;Pl�ass. 01060
d
c7 Postage $
a -
* Certified Fee �{
Special Delivery Fee J
Restricted Delivery Fee
Return Receipt Showing
to whom an
d.Date Deliv ed
a Return r t' t
m Date,a r (1fatHvery,
r
TOTAL an s $
LL C
c Postmark �te
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`- ,' 0�
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