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05-018 City of Northampton, Massachusetts Office of Planning and Development City Hail • 210 Main Street Northampton, MA 01060 •(413) 586.6950 • Community and Economic Development • Conservation• Historic Preservation ���1� � 1989 • Planning Board•Zoning Board of Appeals DATE• 1 -�9 Certificate of Granting of Variance or Special Permit (General Laws, Chapter 40A, Section 11) THE PLANNING BOARD OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT A VARIANCE OR SPECIAL PERMIT HAS BEEN GRANTED: TO: JOSEPH C. DICKINSON ADDRESS: KENNEDY ROAD CITY: LEEDS, MA AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR BUILDINGS AT: PARCEL 18, SHEET 5 OF THE NORTHAMPTON ASSESSOR'S MAPS, LOCATED ON THE NORTHERLY SIDE OF AUDUBON ROAD, LEEDS And the said Planning Board 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 City Clerk. The Planning Board 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. PLANNING BOARD OF THE CITY OF NORTHAMPTON By: By: Chairman Secretary Ch. Crystal read a letter from Fire Chief Driscoll which essentially said he had no problem with the driveway as proposed. He then asked George Andrikidis what the driveway requirements are for a single-family home. Mr. Andrikidis replied, "They can' t be wider than 15 ' at the property line, can' t discharge water onto a city road, and any portion over 3% grade must be blacktopped. These are DPW rules, not the ordinance. The DPW will issue a driveway permit here--there are no problems for the right-of-way. " Mrs. Mendelson suggested that the Planning Department should consider changing the flag lot ordinance relative to width and grade of driveways. Mr. Smith said that if the Applicant had frontage, this would not even be an issue. The site inspectors had no difficulty with the request. Mr. Gare moved that all requested variances and special permits be granted, conditioned on the applicant' s meeting all requests of the Conservation Commission and the Fire Chief. Mr. Cahillane seconded. Mr. Smith went through the Section 10.10 criteria and found they were all met. Mrs. Hale suggested a condition that this be the only house on the lot, and that this driveway is the only access to the lot. Mr. Smith suggested that the utilities should follow the driveway. The vote on the Special Permit was unanimously in favor. Andrew Crystal, le ing Ch r Northampton Planning Board February 23 , 1989 Meeting Page One The Planning Board of the CIty of Northampton met on Thursday, February 23 , 1989 at 7: 00 p. m.in Council Chambers, Wallace J. Puchalski Municipal Building, Northampton, MA. Present were Acting Chair A. Crystal, J. Cahillane, J. Hale, M. Mendelson, J. Arnould, E. J. Gare, and J. Holeva. MINUTES: Mr. Gare moved the minutes of the February 9, 1989 meeting be accepted without reading. Mr. Cahillane seconded. Mrs. Mendelson pointed out that on Page Three, the new date for Maple Ridge completion was 1990, not 1989. With that change to be made, the motion passed unanimously. At 8: 25 p. m. , Ch. Crystal opened the Public Hearing on the Application of Joseph Dickinson to create a Flag Lot on Audubon Road. Atty. Charles Ksieniewicz represented him. He described a 45 acre lot with 76 ' of frontage. A single-family dwelling is planned. He said the lot has "unusual topography. A brook will be crossed by the driveway. A culvert will be constructed. The ConsCom has issued an Order of Conditions. The slope is 10-12o and the driveway 12 ' wide, not the required 151 . The Fire Chief has approved the driveway with conditions that Mr. Dickinson accepts. " Ch. Crystal called for proponents, and the following people spoke: George Andrikidis said that when the Flag Lot ordinance was written, requiring slopes no greater than 7% and driveway widths of 151 , it was contemplated that three contiguous flag lots would be using the same driveway. "This is a single driveway for a single house--he should not be held to a higher standard than any other homeowner. If he gets a driveway permit, I see no problem with it being 12 ' wide. " Mark Darnould of Huntley Associates added, "It' s a 12 foot wide driveway with two-foot gravel shoulders on each side, so it' s really 16 ' wide. " Garson Fields, an easterly abutter, said, "We are very conscious of the conservation work Mr. Dickinson has done. He will be a good steward of the land, and I think the permit should be granted. " Richard Carnes, 277 Audubon Road, said that one residence on 45 acres will be an excellent buffer to Hampshire County Hospital. Priscilla Freund, 111 Audubon Road said, "I have no objection. " There being no opponents, the Public Hearing was closed. Since Mr. Dickinson also has two Variance requests to be heard by the ZBA, the Planning Board began its review of those at this time, since all the interested parties were present. i I i i DECISION OF THE NORTHAMPTON PLANNING BOARD JOSEPH C. DICKINSON REQUEST FOR A SPECIAL PERMIT PAGE TWO character of the district or adjoining zones, nor be detrimental to the health, morals, or general welfare. The juse shall be in harmony with the general purpose and intent of the Ordinance. The following conditions shall apply: i i -The driveway shown on the plan is to be the only access I to the lot. I i L -Utilities must follow the right-of-way of the driveway. i I I� -There must be only one house built on this 46.79 acre parcel. 1 Andrew Crysta Acti g Chair i Marion Mendelson I 1 ' Judith Hale Cahi1-Y-dne i f J s Holeva 111 r 2 E-. John are, III 'Dr.--Josef, Arnould I I 1 i i i T , DECISION OF � NORTHAMPTON PLANNING BOARD UE�T.C��Gi ,iiaG iS(E At a meeting held on February 23 , 1989, the Planning Board fof the City of Northampton voted unanimously to GRANT the ! Application of Joseph C. Dickinson for a Special Permit under the Provisions of Section 6 . 13 of the Northampton Zoning i Ordinance for the purpose of creating a Flag Lot on the northerly side of Audubon Road, Leeds, more specifically jParcel 18 of Sheet 5 of the Northampton Assessor' s Maps. I Present and voting were Acting Chair Andrew Crystal, Marion Mendelson, Judith Hale, John Cahillane, James Holeva, E. John Gare, III and Dr. Josef Arnould. The Findings were as follows: The parcel in question contains 46.79 acres, and is to be used for the construction of one single-family dwelling. Frontage is approximately 65-70 feet. The Chief of the Fire Department of the City of Northampton I has approved the plan, so long as there is only one house built on the parcel. i ii The use requested is allowed by Special Permit under the y Provisions of Section 6 .13 of the Northampton Zoning ! Ordinance. f The requested use bears a positive relationship to the public convenience or welfare, in that it preserves a very large parcel as a buffer to the Hampshire County Hospital, a direct abutter. The requested use will not create undue traffic congestion or unduly impair pedestrian safety. The requested use will not overload any public water, drainage or sewer systems, or any other municipal systems to such an extent that the requested use or any developed use in the immediate area or in any other area of the city will be unduly subjected to hazards affecting health, safety, or the general welfare. The requested use will not unduly impair the integrity or I ' O��ttAMpTO } ti CITY OF NORTHAMPTON r ZONING BOARD OF APPEALS NORTHAMPTON, MASSACHUSETTS 01060 DATE: March 13 , 1989 RE: THE APPLICATIONS OF JOSEPH C. DICKINSON FOR VARIANCES TO ALLOW CONSTRUCTION, ON A FLAG LOT, OF A DRIVEWAY THAT IS NOT SUFFICIENTLY WIDE AND HAVING GRADES STEEPER THAN ALLOWED. 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: March 13 , 1989 Granting the Variances requested by: Joseph C. Dickinson For Property Located at: Audubon Road, Leeds 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. /.11 Robert C. Buscher, Chairman $ CITY OF NORTHAMPTON ZONING BOARD OF APPEALS r a NORTHAMPTON, MASSACHUSETTS 01060 DATE: MAIR 1 IV 99 Certificate of Granting of Variance or Special Permit (General Laws, Chapter 40A, Section 11) THE ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT A VARIANCE OR SPECIAL PERMIT HAS BEEN GRANTED: TO: JOSEPH C. DICKINSON ADDRESS: KENNEDY ROAD CITY: LEEDS, MA AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR BUILDINGS AT: PARCEL 18 , SHEET 5 OF THE NORTHAMPTON ASSESSOR'S MAPS, LOCATED ON THE NORTHERLY SIDE OF AUDUBON ROAD, LEEDS And the said Zoning 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 City Clerk. The Zoning 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. ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON By: � le-1-1-1 By: b)ye%,u� Chairman Secretary Northampton Zoning Board of Appeals March 1, 1989 Meeting Page Two flatten the slope from 100-12% to the required 7% , enormous amounts of fill would be required to fill in the wetland area. When Ch. Buscher called for proponents, Robin Fields, 410 Kennedy Road, spoke as an abutter. She said, "The Dickinsons have demonstrated conservation ethic and good stewardship of the land. The best use of this lot is a single-family home. We strongly support, and urge you to approve. " There was no one to speak in opposition. Councilor Brooks said he wanted to be assured that this one single- family house is all that is ever built on this parcel. The Board Secretary assured him that the Planning Board' s Flag Lot Special Permit did indeed have that restriction. Dr. Laband moved the Public Hearing be closed. Mr. Weil seconded, and the motion passed unanimously. Dr. Laband looked to the Variance-granting criteria in Section 10 of Chapter 40A, and found, "we are dealing with a unique lot with particular soil and topographic conditions. To alleviate the deficiencies you would have to bring in an objectionable amount of fill, or increase the width of the road which would have a negative impact on the stream. He found that the proposed use does not negatively impact the district, and literal enforcement of the ordinance would certainly cause hardship. If he can' t build a single-family home on 47 acres, the only other thing he can do is grow zucchini. Other than agricultural uses, single-family homes have the least impact. Relief can be granted without derogating from the intent and purpose of the ordinance. " He found conjointly on all criteria, subject to the Order of Conditions of the Conservation Commission being met. Mr. Weil concurred, but wanted the decision to state that any change in use of the property required a return to the ZBA. Ch. Buscher said he concurred with his colleagues. He rhetorically questioned whether granting the requested relief nullifies the intent-"of the Ordinance, and found that one of the purposes of limiting road width and grade was to be certain emergency vehicles could have access. "It is appropriate to have a long driveway leading to one house, but would not be appropriate for a subdivision. He added conditions that the road be a minimum of 12' wide, as requested by the Fire Chief, and no grade exceed 12%. Dr. Laband moved to grant th Variance with the conditions added above. Mr. Weil seconded, a d the motion passed unanimously. i Robert C. B scher, Chairman Northampton Zoning Board of Appeals March 1, 1989 Meeting Page One The Northampton Zoning Board of Appeals met at 7: 25 p. m. on Wednesday, March 1, 1989 in Council Chambers, Wallace J. Puchalski Municipal Building to conduct a Public Hearing on the Application of Joseph C. Dickinson for two Variances from the Provisions of Section 10.11, and a Special Permit under the Provisions of Section 6 . 13 (J) ( 1) and (J) ( 2 ) to allow construction of single family dwelling on a flag lot, with a driveway that is not sufficiently wide, and has grades steeper than allowed by the ordinance in a RR District on Audubon Road, Leeds. Present were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. Ch. Buscher opened the Public Hearing by reading the Applications, the applicable section of the zoning ordinance, Section 10 of Chapter 40A Variance criteria, and a memorandum from the Northampton Planning Board advising that they voted unanimously to recommend approval of both requests. A memorandum from the Fire Chief was also read. Atty. Charles Ksieniewicz appeared for the Applicant. He showed the Flag Lot Plan, a parcel of almost 47 acres with frontage of about 77 feet. He pointed out that the width and grade requirements were written into the Flag Lot Ordinance when it was expected that three or so contiguous flag lots would be using the same common driveway. That is not the case here, with just one single-family house on this huge parcel. Atty. Ksieniewicz then addressed the criteria which must all be met for a variance to be granted: He said the parcel has peculiar characteristics--a stream which is crossed by the driveway using a culvert. The Applicant has been before the Conservation Commission, and their Order of Conditions specified a 12 ' wide driveway rather than the 15 ' required by the Flag Lot Ordinance, so as to disrupt the brook as little as possible. He added that the shape of the lot is unusual, and the topography has a significant grade. The applicant only wants to build one single- family dwelling. He does not want to create a subdivision, and to not allow the single-family dwelling would create a distinct hardship. He felt the proposal would enhance the area and not conflict with the purpose and intent of the by-law. He added that the Dickinsons intend to preserve the open space, which is in keeping with one of the purposes of the Ordinance. Mr. Charles Dautsche, an Environmental Consultant for the Applicants, pointed out that State Wetlands Regulations limit the length of a stream-bed that can be altered by such a project, that limit being 50 linear feet, counting both sides of the bank. "If you add additional length to the culvert to make the road wider, you alter too much of the stream-bed. " He felt that the 15' ordinance requirement was to allow room for oncoming cars to pass- -this, being a single-family house, will not have that need. To i; i , NORTHAMPTON ZONING BOARD OF APPEALS DECISION JOSEPH C. DICKINSON VARIANCE REQUESTS PAGE TWO The following conditions shall apply: The dwelling shown on a "Sketch of Proposed House Location in Northampton, Massachusetts Prepared for Joseph C. �! Dickinson," on December 29, 1988 by Almer Huntley, Jr. & I Associates, Inc. is to be the only dwelling ever to be is constructed on this parcel. The driveway shown on the above-described plan is to be a minimum of twelve feet in width, and no grade can exceed 12%. i r i! I Robert C. Buscher, Chairman I Dr. Peter Laband J j M. Sanfor Weil, Jr. } l DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS MR ft i DEPT.OF BUILDING INSPECT IONS F, NORTNAMPf0t�NX moo i At a meeting held on March 1, 1989, the Zoning Board of the 1 City of Northampton voted unanimously to GRANT the request of Joseph C. Dickinson for two Variances under the Provisions of Sections 6. 13 (J) ( 1) and 6.13 (J) ( 2) to allow construction of a driveway on a Flag Lot that is not sufficiently wide, i! and has grades steeper than allowed by the Ordinance in a f! Rural Residential District on Audubon Road, Leeds. Present I' and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. ' a The Findings were as follows: The variance requested is for a specific parcel of land. I Ij There are circumstances relating to the shape and topography ? '! especially affecting this parcel of land, but not affecting �! generally the zoning district in which it is located; those E circumstances being a parcel that is almost 47 acres in size, many times larger than any other residential parcel in the �! district; there is a stream which must be crossed by the driveway (to be accomplished by placing a culvert) ; and topography that offers very steep grades. In addition, the shape is unique, being 47 acres with only about 75 feet of } frontage. a f !. Literal enforcement of the ordinance would involve I+ substantial hardship to the petitioner. If the deficiencies were to be corrected so that a Variance would not be I required, an objectionable amount of fill would have to be I brought to the site, and the increase in road width would probably violate State Wetlands Regulations which limit the length of a stream-bed that can be altered Granting the request will not be a substantial detriment to the public good, nor will' it nullify or substantially derogate from the intent and purpose of the ordinance. In a Rural Residential zone where building lots must be 40,000 square feet (slightly less than one acre) , it would be incongruous to find that a one-family dwelling on a 47-acre lot would be detrimental. In addition, this parcel will be a permanent buffer to the Hampshire County Hospital property. i I MMp � +0 � .` US tI"1 APPLICATION TO THE CITY OF NORTHAMPTOk 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 o­ i he i,otified of any additional intormation 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. 5. Location of property should be indicated by street address; where the property is situated i.e. sow-,` side of South Street; and with reference to the sheet numbers and parcel numbers as designated on the assessors' tax maps. 6. fndicate 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 applicant 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 conpleting this item. (Attach additional sheets, if necessary) Notice of the public hearing is required to be iaail:"°d, postage prepaid, to all "parties in interest" as defined in Massachusetts General Laws, Chapter 40A, Se :tion 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 maybe 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 Assessor's Map 11. List of Abutters: Address Sheet No. Parcel 1,_ John J. Herlihy 307 Audubon Rd. , Leeds 01053 5 59 57 Emma J. Carnes 2. Richard C. Carnes 277 Audubon Rd. , Leeds 01053 5 19 3 Christine Ryan Hilary 265 Audubon Rd. , Leeds 01053 5 40 Elizabeth M. Sullivan 4. Peter J. Ouellette 257 Audubon Rd. , Leeds 01053 5 41 Lois B. Ducharme 5 Raymond A. Ducharme, Jr. 243 Audubon Rd. , Leeds 01053 5 42 John H. Detmold 6. Elizabeth W. Detmold 231 Audubon Rd. , Leeds 01053 5 43 James Brazeau 7. Sigrid D. Brazeau 219 Audubon Rd. , Leeds 01053 5 44 William J. Lashway III 8. Leslie C. Lashway 179 Audubon Rd. , Leeds 01053 5 45 9. C & C Contractors, Inc. P.O. Box 483, Northampton 01060 5 46 Franklin R. Faivre 10. Mary E. Faivre 73 Audubon Rd Leeds 01053 5 47 Robert F. MacLacklan 11. Patri.cia M. MacLacklin 123 Audubon Rd. , Leeds 01053 5 35. 36, to 12. Virginia A. Burrows 141 Audubon Rd. , Leeds 01053 5 17 13. Priscilla D. Freund 111 Audubon Rd. , Leeds 01053 10B 102 Timothy F. Washburn 1q Julia J. Washburn _ 93 Audubon Rd. , Leeds 01053 5 65 Timothy F. Washburn fro Julia J. Washburn 93 Audubon Rd. , Leeds 01053 IOB 6 16 Berkshire Cable Company River Rd. , Leeds 01053 5 67 Billie M. Berniche 17. Robert S. Berniche 19 Audubon Rd. , Leeds 01053 10B 8 18. I_n_habitants of Hampshire County Hospital 5 1 Frank A. Seamans 19. Rosanna Seamans 288 Audubon Rd. , Leeds 01053 5 21 Richard C. Nicoli 20. Geraldine A. Nicoli 378 Audubon Rd. , Leeds 01053 5 27 Michele F. Cantarella 21. Helene P. Cantarella 266 Audubon Rd. , Leeds 01053 5 22 Ronald R. Korza 22. Kathleen J. Korza _ 264 Audubon Rd. , Northampton 01060 5 24 Garson R. & Robin H. Fields 23 d/b/a Audubon Partners 120 River Road, Leeds 01053 5 28 24 Hal Fales 73 Audubon Rd. , Leeds 01053 10B 82 Helen L. Evans 25. Carolyn R. Gazillo 112 Audubon Rd. , Leeds 01053 10B 2 26 Forida A. Luce 122 Audubon Rd. , Leeds 01053 lOB 101 William J. Lashway 27 Lee H. Lashway 94 Audubon Rd. , Leeds 01053 10B 28. a h A 30. (Attach additional sheets, if necessary) goj6t ' Iit9T �Se ufra Application Number: R e E Rb. B.1. Checll; Filed Fee Pd. Rec'd. ZBA Map(s) Parcel(s) ay> D 8 Da Date Armt. Date Flx� By Date �4'UA FT I A P P L I b0i`64448,t°tt=REBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: 1. Name of Applicant Joseph C. Dickinson Address Kennedy Road, Leeds, Massachusetts 2. Owner of Property SAME Address 3. Applicant is: LOwner; El Contract Purchaser; ❑Lessee; ❑Tenant in Possession. 4. Application is made for: VARIANCE from the provisions of Section 6.13J-1 &page J-2 6.11 of the Zoning Ordinance of the City of Northampton. ❑SPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance of the City of Northampton. ❑OTHER: 5. Location of Property Audubon Road, Leeds, Massachusetts being situated on the Northerly side of Audubon Road Street; and shown on the Assessors' Maps, Sheet No 5 Parcels) 18 6. Zone RR 7. Description of proposed work and/or use; Construction of a single-family residence on a parcel of land which contains approximately 46.79 acres and which has frontage of approximately 65 to 70 feet. 8. (a) Sketch plan attached; LNYes ❑No (b) Site plan: ®Attched ❑Not Required 9. Set forth reasons upon which application is based: Although the area of the lot is 46.79 acres and the construction of the single-family residence will comply with all set back and other dimensional requirements, the frontage is less than required under the zoning ordinance. FLAG LOT APPROVAL REQUESTED with a waiver of Section 6.13 J-1 & 6.13 J-2 to conform with Conservation Commission order. (attached) 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 1 Applicant's Signature I y _ • Z ft S �ma._. 40.'Ta; APPLICATION TO THE CITY OF NORTHAMPTON 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 Zoning Ordinances. 10.9 (3) of the above referred to 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. 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 applicanI 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 sitelplot 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 I the applicant may sign on behalf of the applicant. ADDITIONAL COPIES: In addition to the original application form eleven copies of the complete y 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 �Uu1aaa Oneei No. Parcel 1,John J. Herlihy 307 Audubon Rd. , Leeds 01053 5 59, 57,' 52 Emma J. Carnes 2.Richard C. "Carnes 277 Audubon Rd. , Leeds 01053 5.....,-. _.. ' ', 3 Christine Ryan Hilary 265 Audubon Rd. , Leeds 010535 40 Elizabeth M. Sullivan 4, Peter J. Ouellette 257 Audubon Rd. , Leeds 01053 5 40 1 '41 Lois B. Ducharme _ , . 5.-Raymond A. Ducharme_Jr. 243 Audubon Rd Leeds 0105' 42 John H. Detmold 6,Elizabeth W. Detmold 231 Audubon Rd. Leeds 01053 5 43 James Brazeau _.... 7 Sigrid D. Brazeau 219 Audubon Rd. , Leeds 01053 5 44 William J. Lashway III 8.Leslie C. Lashway 179 Audubon Rd. , Leeds 01053 5 45 9, C & C Contractors, Inc. P.O. Box 483, Northampton 01060 5 46 Franklin R. Faivre 10 Mary E. Faivre 73 Audubon Rd. , Leeds 01053 5 47 Robert F. MacLacklan ,,.Patricia M. MacLacklan 123 Audubon Rd. , Leeds 01053 5 35, 36, 16 12 fi .ainia A. Burrows 141 Audubon Rd. , Leeds 01053 5 17 13 Priscilla D. Freund 111 Audubon Rd. , Leeds 01053 10B 102 Timothy F. Washburn 14. Julia J. Washburn 93 Audubon Rd. , Leeds 01053 5 65 Timothy F. Washburn 15 Julia J. Washburn 93 Audubon Rd. , Leeds 01053 10B 6 16 Berkshire Cable Company River Rd., Leeds 01053 5 -_67 Billie M. Berniche 17, Robert S. Berniche 19 Audubon Rd. , Leeds 01053 10B 8 18. Inhabitan_ts of Hampshire County Hospital 5 1 Frank A. Seamans .-lg, Rosanna Seamans 288 Audubon Rd. ,' Leeds 01053 5 " 21 Richard C. .Nicoli 20. Geraldine A. Nicoli 378 Audubon Rd. , Leeds 01053 5 -27 ... .._ _. _- Michele F. Cantarella ....... __._.._ 21. Helene P. Cantarella 266 Audubon Rd. , Leeds 01053 -.-5 22 _. _-.-Ronald W. Korza __ 22. Kathleen J. Korza 264 Audubon Rd. , Northampton 01060 5 24 Garson R. & Robin H. Fields 23 d/b/a Audubon Partners 120 River Road, Leeds 01053 5 28 24, Hal Fales 73 Audubon Rd. , Leeds 01053 10B 82 Helen L. Evans .° 25 Carolyn R. Gazillo 112 Audubon Rd. , Leeds 10B 2� __26 Forida A. Luce 122 Audubon Rd. , Leeds 10B 101 William J. Lashway 27 Lee H. Lashway 94 Audubon Rd. , Northampton 01060 10B 3 28. 29. g a { ._.30. (Attach additional sheets, if necessary) Eli"N at,%Spy es Application Number: 3 4 �i °B4T"° ked Filed Fee Pd. Rec'd. ZBA Map(s) Parcels) y A I Date By Date Date Amt. Date By Date 6&f ff AFM9�CTH�h EB MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: 1. Name of Applicant Joseph C. Dickinson PLANNING BOARD Address Kennedy Road, Leeds, Massachusetts 2. Owner of Property SAME Address 3. Applicant is: [ZOwner; ElContract Purchaser; ❑Lessee; ❑Tenant in Possession. 4. Application is made for: '-'VARIANCE from the provisions of Section page of the Zoning Ordinance of the C:ty of Northampton. KSPECIAL PERMIT under the provisions of Section 6.13 page---t-11 of the Zoning Ordinance of the City of Northampton. ❑OTHER: 5. Location of Property Audubon Road, Leeds, Massachusetts - being situated on the Northerly side of Audubon Road Street; and shown on the Assessors' Maps, Sheet No. 5 Parcel(s) 18 6. Zone RR 7. -Description of proposed work and/or use; ' Construction of a--single-family residence on a parcel of land which contains approximately 46.79 acres and which has frontage of _approximately 65 to 70 feet. 8. (a) Sketch plan attached; ®Yes C3 No (b) _Site plan: MAttched O Not Required 9. Set forth reasons upon which application is based: Although the area of the lot is 46.79 _ acres and the construction of the single-family r sid n will nmply with all set back and other dimensional requirements, the frontage is less than required _ under the zoning ordinance. FLAG LOT APPROVAL REQUESTED with a waiver of _Section 6. 13 J-1 & 6.13 J-2 to conform with Conservation Commission order. (attached) 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 la A A� Applicant's Signature C