17A-155 (5) OFFICIAL DECISION NORTHAMPTON BOARD OF APPEALS
Decision on Application of
` 7/1 —ASS Richard and Helen Covell
November 19, 1979
The Board of Appeals met in the Hearing Room, City Hall , at
5:15 PM, November 19, 1979, to decide on the request of Richard
and Helen Covell , 72 Fox Farms Road, for a variance to construct an
addition to their home. Acting Chairman, Thomas Brushway, presided.
Raymond Capers and Robert Buscher, Associates, were also present.
The minutes of the public hearing, held on October 24, 1979,
were read and approved unanimously.
A motion was made and" seconded to vote on the matter.
Mr. Capers found that there were no special conditions affecting
the land or structure in question, but not affecting other properties
in the district; that a literal enforcement of the Zoning Ordinance
would not create a hardship to the petitioner; and that the hardship
claimed by Mr. Covell because cars had to be parked on the lawn,
thus detracting from the appearance of his home, was a self-imposed
hardship. He also found that the proposal would not be detrimental
to the public good, nor would it derogate from the intent of the
Zoning Ordinance. He voted to deny the request.
Mr. Brushway found that the Covell property, unlike others in
the neighborhood, has inadequate driveway and garage space, but does
meet the required side setback. Enforcement of the Zoning Ordinance
would create a hardship for the owners, as well as future owners,
in this age of multi-vehicle families. He also found that there
would be no detriment to the area, and would, in fact, enhance the
appearance of the home. He voted in favor.
Mr. Buscher found that there were no special conditions affecting
this property which would make it unique to the area since all lots
in the neighborhood were generally the same size, with the same
topography. The proposed garage could be constructed farther back
on the parcel. Regarding Mr. Covell 's claim that his deed prevents
construction of an unattached garage, Mr. Buscher could find no such
restriction in the deed. He further found that relief could be
granted without derogating from the intent of the Zoning Ordinance
because the proposal would not generate additional traffic; and also
that the proposed garage's setbacks would not have differed greatly
from those of other area properties. He voted to deny.
Since the vote was two opposed and one in favor, the petition
was denied. The meeting was adjourned at 5:30 PM.
Present, in addition to the Board members, was Clare Fennessey,
Clerk.
77
omaa Brushwhy
Acting Chairman
Ra,,yn6nd Capers, Ass ciate Robert Buscher, Associate