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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 t 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 „ 5 T R RC LO 7 � N c 1 ` /���j j LIM it A 14 '1c �o e \ V 'Ir CA Q b GA RA a r � pRi✓�w��y N1E, THE UNDERSIGNED ABUTTERS, HAVE NO OBJECTION TO THE PROPERTY AT 24 LAKE STREET, FLORENCE, MASS. BEING CONVERTED TO A TWO FAMILY RESIDENCE. 3• — Lrr��wc a y�1J 5. Aa �:v 4. c 6. . A � 7. 8. & -LL 9. 10. ,�� /�- IoM r� C� /9 P s T �'%�:/' ^'C 1?- /744 ,L /h� ol o�G At 2 5 w '' I 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 + U ;'F s, 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. I i I i � 1 f I 1 t 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