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28-028 %y1 i l# F `.- �� ®�,<' �s3 o"lN%. � Pb`.p m.�.Wi:>-� r l- y d�G'� „^• ��> u £.�� .. wyk• F �� luujlll P / M ea fg { , b°� I 03 AYMA-1-0 I-V,Wimv- XY-0* Pod t �r.,�,. ....�:+�.. .sK` ' m rsr a ' _.,e. a ..... � w �,. a�... � y w AL } n � Rk .,, �� � '..,... ,�., t-, .. > y. iS,'�"�`g3fiP,'.�i .«�..�..,,.....�,....,w..... � �! �tllassachusatfs =_ 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 r ycu Jc r01 side of the the a n,,,; :re a re je7j, 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 E „ `- ,' 0� LL rn Q