17C-006 (7) Assessor's Map
11. List of Abutters: Address Sheet No. Parcel
1.-Judith & James D. Stark, 12 Lake St. 17C 12
2. Frank & Phyllis C. Scott, 12 Warren Street Nik 17C 7
3. Louis J. III & Lynn M.
Montgomery.2-4 Lake St. ir 4. 1�3 Jul IL
4. Paul Gaffney, 13 Oak Street 17C 10
5. Mary De Paola. 19 Lake Street 17C 315
6. James P. & Patricia M. Rapinchuk, 31 Oak St. - 17C 9
7. Flora M. Adamites, 19 Lake Street 17C 14
8. Anthony M. & Karen Deschamps, 57 Lake St. 17C 15
g.-Florence Casket Co. Bardwell Street 17C 13
10. Iawrence F. & Esther E. Hafey. 30-32 Lake St. 17C 5
11. Dan Haugaard, 40 Lake Street 17C 300
12. Michael F. & Betty O'Connor, 17-19 Warren St. 17C 4
13. Pearl A. Wilson. 23 Lake Street 17C 314
14. W111iam B. & Jacqueline L. Mizula, 48 Lake St. 17C 307
15.
16.
17.
18.
19. - -
20.
21.
22.
23.
24. f r
198 `
25. U x1
U L1
t.��o 060"S 26. MX 01
27.
28.
29.
30.
(Attach additional sheets, if necessary)
IN
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Do Not Write In T11 ces Application Number:
E _
Rec' cked Filed Fee Pd. Rec'd. ZBA Maps) Parcels)
gy By Date Date Amt. ,� Date By Date
DEPT. OF PU'LPt�jG
APPLICATION IS HEREBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS:
1. Name of Applicant Sidney F. Carl
Address 24 Lake Street, Florence- Ma
2. Owner of Property June D. Carl
Address 24 Lake Street, Florence. Ma.
_
3. Applicant is: XOwner; El Contract Purchaser; Ii Lessee; ❑Tenant in Possession.
4. Application is made for:
. �Pc
X VARIANCE from the provisions of Section 9_ •3 page 9.2 of the Zoning Ordinance of the
City of Northampton.
P�
ASPECIAL PERMIT under the provisions of Section 5.2 -page-_5=2--of of the Zoning Ordinance
of the City of Northampton.
XOTHER: Finding Section 9. 3 page g2
5. Location of Property 24 Lake Street Florence being situated on
the south side of 24 Lake Street Street; and shown on the Assessors' Maps,
Sheet No. 170 , Parcel(s)- —
6. Zone URB
7. Description of proposed work and/or use; Propose to change single family
dwelling to two (2 ) family dwelling
8. (a) Sketch plan attached; ❑Yes 19 No
(b) Site plan: ❑Attched 0Not Required
9. Set fort r asons upon which application is based: Special Permit required for
two T2) family dwelling in URB z ones t o
• Variance required-two - exiatingg land
Finding required front net back 1 - required 2010"
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 &&—Applicant's Signature
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N1E, THE UNDERSIGNED ABUTTERS, HAVE NO OBJECTION TO THE PROPERTY AT
24 LAKE STREET, FLORENCE, MASS. BEING CONVERTED TO A TWO FAMILY RESIDENCE.
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I DEPT.OF BUILDING NSDECTIONS
5. . Location of property should be indicated by street address; where the property is situated i.e. south
side of South Street; and with reference to the sheet numbers and parcel numbers as designated on
the assessors' tax maps.
6. Indicate the zone in which the property is located.
7. State as concisely as possible the work you propose to undertake and/or your proposed use of the
property should your application be approved.
8. SITE PLAN/PLOT PLAN: The applicaw is required as part of this application to submit a site/plot
plan drawn AS NEAR TO SCALE as possible showing the lot boundaries, dimensions of existing
and/or proposed buildings and the distances from said buildings to said lot boundaries and all in-
formation relevant to the consideration of the application. A copy of the site/plot plan should ac-
company each copy of the application required to be filed. When the applicant is required under
Section 10.11 of the Zoning Ordinance to file a site plan, a plot plan is not required.
9. Applicant should state sufficient reasons upon which the Board of Appeals can base a finding that
the applicant has met the requirements as set forth in either the General Laws of Massachusetts or
the Zoning Ordinance of the City of Northampton, Massachusetts. Applicant should review these
requirements prior to completing this item. (Attach additional sheets, if necessary)
10. Notice of the public hearing is required to be mailed, postage prepaid, to
all "parties in interest" as defined in Massachusetts General Laws, Chapter
40A, Se Aion 11. "Parties in interest", as used in this chapter, shall mean
the petitioner, abutters, owners of land directly opposite on any public or
private street or way, and abutters to the abutters within three hundred feet
of the property line of the petitioner as they appear on the most recent app-
licable tax list, notwithstanding that the land of any such owner is located
in another city or town, the planning board of the city or town, and the
planning board of every abutting city or town."
11. Read and sign the application. If the applicant is a corporation, partnership, trust or other business
entity, a duly authorized officer should sign. An attorney or other duly authorized representative of
the applicant may sign on behalf of the applicant.
ADDITIONAL COPIES: In addition to the original application form eleven copies of the complete
application are required. It is the responsibility of the applicant to provide these copies.
FILING FEE: A filing fee of$75.00 for a variance, $50.00 for a special permit, plus $2.00 per abut-
ter listed, is required to be paid upon the filing of the application with the Building Inspector.
The applicant should be aware that if the application is approved, the Board of Appeals may, in its
discretion, and in addition to any applicable conditions specified in the zoning ordinances, impose
such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or
serve the purposes of the zoning ordinances. Such conditions will be imposed in writing and the
applicant may be further required to post bond or other security for compliance with said conditions
in an amount satisfactory to the Board.
FOR ADDITIONAL INFORMATION, CONTACT:
City of Northampton Building Inspector City of Northampton
Room 100.Municipal Office Building or Zoning Board of Appeals Office
212 Main Street Room 102, Municipal Office Building
Northampton, Massachusetts 01060 212 Main Street
Northampton, Massachusetts 01060
4� pT
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JUL L N ici8 ?
JUtII`
DEPT. OF BULL[;; U
APPLICATION TO THE CITY OF NORTH T�A ' 'cv
ZONING BOARD OF APPEALS
FOR VARIANCE OR SPECIAL PERMIT
This application folder includes an application form, addressed to the City of Northampton Zoning
Board of Appeals, requesting the granting of a VARIANCE or a SPECIAL PERMIT and information
intended to assist the applicant in properly completing the application.
The application must be completed using a typewriter or hand printed block-type letters. All numbered
items on the application must be completed. When completed and signed by the applicant, the application
should be submitted to the Building Inspector for filing. Even though received, the application will not be
considered "filed" with the Building Inspector until it has been-reviewed to insure proper completion.
A review of the application will be made within two business days from the date received by the Building
Inspector. The applicant will be notified of any additional information required.
Applicants seeking a VARIANCE should note that the Zoning Board of Appeals has the power to
authorize a variance from the terms of-the applicable zoning ordinance where the Board determines that
the applicant has met all requirements set forth in Massachusetts General Laws, Chapter 40 A, Section 15.
Reference should be made to applicable Massachusetts Law and to Chapter 44 of the Revised Ordinances
of the City of Northampton, Massachusetts, 1959, as amended.
Applicants seeking a SPECIAL PERMIT should refer to the Table of Use Regulations contained in
Chapter 44 of the Revised Ordinances of the City of Northampton, Massachusetts, 1959, as amended,
which indicates uses which require special permits in particular zones. The general and specific condi-
tions which must be met to obtain a special permit are set forth in Section 10.9 (3) of the above referred to
Zoning Ordinances.
The Zoning Board of Appeals is required to hold a public hearing to consider the merits of each
application. A notice of the public hearing will be published in the appropriate newspaper and written
notice thereof given to those legally entitled thereto. A copy of the rules adopted by the Zoning Board of
Appeals for the conduct of its public hearing is filed in the Office of the City Clerk. The applicant should
familiarize himself with these rules prior to attending the public hearing.
THE BURDEN IS UPON THE APPLICANT TO PROVE THROUGH THE WRITTEN APPLICATION
AND ORAL PRESENTATION AT THE PUBLIC HEARING THAT ALL OF THE LEGAL REQUIREMENTS
CONTAINED IN THE APPLICABLE STATUTES AND ORDINANCES ABOVE REFERRED TO HAVE
BEEN SATISFIED. FAILURE TO SUSTAIN THIS BURDEN MAY PREVENT THE APPLICANT FROM
REAPPLYING FOR TWO YEARS.
APPLICATION INSTRUCTIONS
1. State name and address of applicant.
2. State name and address of the owner of property.
3. Indicate applicant's standing to apply.
4. Indicate whether this is an application for a variance or for a special permit. If you are making
application for both, use a separate form for each (only one fee will be required). You may apply for
more than one variance or more than one special permit on the same form. If other, so indicate and
explain.
v vv raaiy •.may u r asa.ailJ taVN
6' +
Der
CITY OF NORTHAMPTON
►�� S` Map No. 17C Lot 6
ZONING PERMIT APPLICATION ` , 2 5
Zoning Ordinance Section 10.2 Received: Plan File
DEPT. QF BUILDING INSPECTIONS
NO THAMFT�N,� "01
Owner June D. Carl
Address 24 Lake Street, Florence, Ma, Address 24 Lake Street, Florence, Ma,
Telephone 584-2668 Telephone 584-2668
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. Bid. Min. Op.
District Area Width Front Side Rear Cover Space
Past URB Existing 9529 77 ' 116 % %
Present URB Proposed I I I % %
Mark the appropriate box to indicate the use of the parcel:
❑ Non-Conforming Lot and/or Structure. Specify
IC Residential ❑Single Family Unit ❑Multi-Family
❑ Duplex ❑ Other
❑ Business
❑ Individual
❑ Institutional
13 Subdivision ❑ Regular ❑ 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 ❑ No
Parking Space Requirements: (Z.O. Sect.8.1) Required Proposed
Loading Space Requirements: (Z.O. Sect. 8.2) Required Proposed
Signs: (Z.O. Art. VII) ❑ Yes ❑ No
Environmental Performance Standards: (Z.O. Art. XI 1) ❑ Yes ❑ No
Plot Plan ❑ 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:
4 / /'—
J
Signatu p I i c/arjl Date Signature of Admin. Officer Date
P 01.1p
Now
�'St1A1N pl,
CITY OF NORTFIAMPTON
9
ZONING BOARD OF APPEALS
NORTHAMPTON, MASSACHUSETTS 01060
uvaz -
DATE: November 15, 1988
RE: APPLICATION OF SIDNEY F. CARL FOR A VARIANCE FROM THE
PROVISIONS OF SECTION 9. 3 [C] OF THE NORTHAMPTON ZONING ORDINANCE,
A FINDING UNDER THE PROVISIONS OF SECTION 9. 3 [E] , AND A SPECIAL
PERMIT UNDER THE PROVISIONS OF SECTION 5. 2 , ALL RELATIVE TO
ALLOWING THE CONVERSION OF A ONE-FAMILY DWELLING TO A TWO-FAMILY
DWELLING AT 24 LAKE STREET,FLORENCE.
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: NOVEMBER 15 , 1988
Granting the Finding and Special Permit, and Denying theVariance
requested by: Sidney F. Carl
For Property Located at: 24 Lake Street, Florence.
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.
Robert C. Buscher, Chairman
tints
CITY OF NORTHAMPTON
$ ZONING BOARD OF APPEALS
58 NORTHAMPTON, MASSACHUSETTS 01060
DATE: November 10, 1988
Certificate of Granting of Variance or Special Permit
(General Laws, Chapter 40A, Section 11)
THE BOARD OF APPEALS OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES
THAT A FINDING AND/OR SPECIAL PERMIT HAS BEEN GRANTED
TO: Sidney F. Carl
ADDRESS: 24 Lake Street
CITY: Florence, MA 01060
AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR
BUILDINGS AT: 24 Lake St. , Florence, MA
And the said 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 Planning Board and the City Clerk.
The 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. If the rights of a Variance granted under the
provisions of Section 10 , Chapter 40A, M.G.L. are not exercised
within one year of the date of the grant of such variance, they
shall lapse and may be reestablished only after notice and a new
hearing pursuant to Section 10, Chapter 40A, M.G.L.
Chairman Secretary
Northampton Zoning Board of Appeals
September 28 , 1988 Meeting
The Northampton Zoning Board of Appeals met at 7:10 p. m. on
September 28, 1988 in Council Chambers, Wallace J. Puchalski
Municipal Building, to conduct a Public Hearing on the
Application of Sidney F. Carl for a Variance from the Provisions
of Section 9 . 3 (c) [Secretary' s note: One does not apply for a
Variance from the Provisions of this Section] , a Special Permit
under the Provisions of Section 5. 2, and a Finding under the
Provisions of Section 9.3(e) of the Northampton Zoning
Ordinance, for the purpose of changing a one-family dwelling to
a two-family dwelling at 24 Lake Street in a URB Zone. Present
were Dr. Peter Laband and M. Sanford Weil, Jr.
Because three members are required to conduct a Public Hearing,
and on the advice of the Assistant City Solicitor, Dr. Laband
opened the Public Hearing and moved that it be continued until
October 12, 1988 . Mr. Weil seconded, and the motion passed
unanimously. Also present, in addition to those mentioned, was
R. J. Pascucci, Board Secretary.
-e,L
Dr. Peter Laband, Chairman
Northampton Zoning Board of Appeals
October 12, 1988 Meeting
Page Two
Dr. Laband moved the Public Hearing be closed and the matter
taken under advisement. Mr. Weil 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
October 12, 1988 Meeting
The Northampton Zoning Board of Appeals met at 7: 35 p. m. on
October 12, 1988 in Council Chambers, Wallace J. Puchalski
Municipal Building, to continue the Public Hearing on the
Application of Sidney F. Carl for a 'Variance from the Provisions
of Section 9 . 3 (c) [Secretary' s note: One does not apply for a
Variance from the Provisions of this section. ] , a Special Permit
under the Provisions of Section 5 . 2, and a Finding under the
Provisions of Section 9. 3 (e) of the Northampton Zoning Ordinance,
for the purpose of changing a one-family dwelling to a two-family
dwelling at 24 Lake Street in a URB Zone. Present and voting
were Chairman Robert C. Buscher, Dr. Peter Laband and M. Sanford
Weil, Jr.
Ch. Buscher read the Application, and a memorandum dated Sept. 27
to the Board from the Northampton Planning Board.
Mr. Carl presented a site plan and photographs to better clarify
the parking situation in particular, which was a concern of the
Planning Board. He spoke at length to the members out of earshot
of the Secretary. It was determined that the footprint will not
change, and the only visible alteration will be the alternate
means of egress from the second floor. It was pointed out that
this was a two-family house from 1945 to 1951 .
Ch. Buscher made it clear that, in order to get a variance there
are a number of criteria that must be met, particularly,
uniqueness of the lot' s shape, soil or topography that makes this
lot different from all others in the neighborhood, and hardship.
He asked Mr. Carl response to those points, and Mr. Carl replied
that the uniqueness is that he has a nine-room house with only
two people living in it, and the hardship is "health reasons"--he
has had a heart attack. At this point, Floyd Andrus of 81 Lake
Street rose and asked to be accepted as Mr. Carl' s spokesman,
since Mr. Carl was nervous about participating in the hearing.
He pointed out that there is a two-car garage, with additional
parking space on the property. "He has had a heart attack, and
having a two-family lets him stay on the street. The street is
rental properties--a four-family across the street, the casket
shop, and many one- and two-families on the street. This will
fit in. It' s an ideal location for elderly--close to downtown,
Look Park and the bikepath." Larry Heaphy also spoke in favor,
as owner of an apartment building in the neighborhood. He
praised the Carls' maintenance of the property over the last 25
years. Mike O'Connor of Warren Street also spoke in favor.
Ch. Buscher said he wanted to take a look at the property. Dr.
Laband said, "What is the neighborhood" is the big factor. You
know how I feel about hardship---it should be looked at in
relation to what the Applicant wants . I would tend to go along
with this. "
Northampton Zoning Board of Appeals
November 2 , 1988 Meeting
Page Two
Likewise, on the Special Permit, the requested use is allowed by
Special Permit--I have no problem with that. When we get to the
Variance, I agree with Sandy. I see nothing particularly unique
about the house. I can' t see a financial hardship. This house
is not unmarketable--we have an issue of convenience, not
hardship.
Mr. Weil said, "I have to vote against, " and moved to deny the
requested Variance, "unfortunately and reluctantly. " Ch. Buscher
seconded, and the motion passed 2-1 (Laband) .
Dr. Laband moved to grant the Finding and Special Permit, Mr.
Weil seconded, and the motions 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 2 , 1988 Meeting
The Northampton Zoning Board of Appeals met at 7 : 50 p. m. on
Wednesday, November 2 , 1988 in Council Chambers, Wallace J.
Puchalski Municipal Building, to announce a Decision on the
Application of Sidney F. Carl for a Variance from the Provisions
of Section 9. 3 (c) , a Special Permit under the Provisions of
Section 5 .2 , and a Finding under the Provisions of Section 9. 3 (e)
of the Northampton Zoning Ordinance, for the purpose of changing
a one-family dwelling to a two-family dwelling at 24 Lake Street,
Florence, in a URB Zone. Present and voting were Chairman Robert
C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. Dr.
Laband moved the minutes of the October 12 , 1988 meeting be
accepted without reading. Mr. Weil seconded, and the motion
passed unanimously.
Mr. Weil asked, "Does this meet the requirements for a Special
Permit under Section 5 . 2? Yes, a two-family in a URB District
needs a Special Permit. I had no problem with the Special Permit
criteria; however, once we get to the Variance criteria, we find
a lot that' s too small. To increase the use of the property by
making it two-family, we need 12,000 square feet, and we have
9 ,529. 9. 3 (c) needs a Variance. Now we address the Variance
criteria--all of the criteria must be met: topographical
uniqueness, hardship, and grant relief without detriment to the
public good. The Applicant said his topographical problem was in
having a nine-room house on a small lot. I don' t consider that a
topographical uniqueness. His hardship was that he was not well,
and it would be nice to have another family. The one thing on
which the decision hangs is that it does not have topographical
uniqueness. Unless you two gentlemen can convince me, I must
deny. "
Dr. Laband responded, "I can' t argue with you on that point.
9. 3 (c) says he needs a Variance. You have taken uniqueness and
hardship separately. I think they must be taken together. The
uniqueness must produce the hardship. The Applicant' s contention
on uniqueness is arguable. A nine-room, one-family house is an
anachronism in this day and age. Because of this interpretation,
and the fact that hardship must be looked at in context of what
is asked for, the impact of granting this Variance is small.
The desired relief can be granted without detriment. He meets
the other criteria, and I would be willing to make an argument
that the shape of the structure equals uniqueness. "
Mr. Weil asked, "If the hardship were financial and not health,
would you feel the same way?" Dr. Laband replied, "If my
grandmother had wheels, she'd be a bus. . "
Ch. Buscher summarized: He needs a Finding because of the front
setback. He has 11 . 25 ' and needs 20 ' . Certainly, conversion
from a one to a two family is not substantially more detrimental.
i
DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS
APPLICATION OF SIDNEY F. CARL,
PAGE TWO
which it is located; nor could that same majority find any
evidence of hardship. They felt the house is not
unmarketable, and that the conversion to a two family
it dwelling is a matter of convenience, not a hardship. Dr.
Laband dissented on the 2-1 vote.
Robert C. Bus er, Chairman
Dr. Peter Laband
i
I
�+ M. Sanford Weil, Jr.
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k.4�° NOV � � 19E3�
54
A}
DEPT.
NORTHAMPTON,M& 060,
DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
i
At a meeting held on November 2, 1988 , the Zoning Board of
Appeals of the City of Northampton voted unanimously to i
grant a Finding under the Provisions of Section 9. 3 (e) of
I` the Northampton Zoning Ordinance that the conversion of a
pre-existing nonconforming one family dwelling to a two
family dwelling at property at 24 Lake Street, Florence,
owned by June D. Carl will not be substantially more j
ij detrimental to the neighborhood than the existing dwelling. i
li The Board also voted unanimously to grant a Special Permit
under the provisions of Section 5. 2 to allow the conversion
of their one family dwelling to a two family dwelling in a
URB District. However, the Board voted 2-1 to deny a
request for a Variance from the Provisions of Section 9.3 (c)
to allow a two family dwelling on a lot with insufficient
area.
I
The Findings were as follows:
1. As to the requested Finding, the building is
nonconforming because the front setback is only 11. 25 ' where
20 ' is required. The Board agreed unanimously that
conversion from a one to a two family dwelling is not
substantially more detrimental to the neighborhood than the
existing dwelling.
I
2. As to the requested Special Permit, the Board found that '
the requested use is listed in the Table of Use Regulations,
the requested use does bear a positive relationship to the
public welfare in that an additional unit of housing is
created, the requested use will not create undue traffic
congestion or unduly impair pedestrian safety, the requested
use will not overload any municipal system, and the
requested use will not unduly impair the integrity or
character of the district, where two family dwellings are
commonplace.
3 . As to the requested Variance, which is required because
the Applicant' s lot size is 9,529 square feet, and 12,000
square feet are required for a two-family dwelling in the
URB Zone, a majority of the Board (Ch. Buscher and Mr. Weil)
could not find any circumstances relating to the soil
conditions, shape or topography especially affecting this
parcel but not affecting generally the zoning district in