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.
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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
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-The driveway shown on the plan is to be the only access I
to the lot.
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L -Utilities must follow the right-of-way of the driveway. i
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I� -There must be only one house built on this 46.79 acre
parcel. 1
Andrew Crysta Acti g Chair
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Marion Mendelson
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Judith Hale
Cahi1-Y-dne
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J s Holeva
111 r
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E-. John are, III
'Dr.--Josef, Arnould
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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.
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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.
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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
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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
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I Robert C. Buscher, Chairman
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Dr. Peter Laband J j
M. Sanfor Weil, Jr. }
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DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
MR ft
i DEPT.OF BUILDING INSPECT IONS
F, NORTNAMPf0t�NX moo
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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,
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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.
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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.
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!. 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.
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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