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17C-180 (4) ZBA Meeting - November 18, 1992 The request of Kathleen M. Martin for a Finding under §6.2, page 6- 2 of the zoning ordinance to extend existing kitchen and add a wrap-around deck to her home at 18 Plymouth Avenue, Florence. Present and voting were: Chairman Robert C. Buscher, Alex Ghiselin, and M. Sanford Weil, Jr. Chairman Buscher opened the Public Hearing by reading a copy of the Public Notice which was published in the Daily Hampshire Gazette on November 4, and November 11, 1992. Sandy Weil said he could not see any problem with the proposed extension. Bob Buscher questioned the dimensions of the deck area and asked about the view to the neighbor's houses. The addition will be one story. Sandy Weil noted that the applicant applied under §6.2 , page 6-2 and said that the Finding should be granted under §9. 3 (a) (1) , page 9-1. Section 9.3 (a) (1) states: "where said change, extension or alteration is with regard to the specific pre- existing, nonconformity of the structure, that it first receive a finding from the Zoning Board of Appeals that such change, extension, or alteration will not be substantially more detrimental to the neighborhood than the existing nonconforming structure. " Sandy Weil moved to close the Public Hearing. Alex Ghiselin seconded the motion which passed unanimously. Sandy Weil said he would vote in ,favor of approving the finding because the extension would not be* substantially more detrimental to the neighborhood than the existing nonconforming structure. Bob Buscher agreed that the extension would not be substantially more detrimental because the use will remain the same, as a single family dwelling. Buscher said it does not appear that the extension will block any light or air nor invade anyone's privacy. Buscher added that the extension will probably add to the value of the house, and thus be an improvement to the neighborhood, and he will vote in favor. Upon motion by Weil, and second by Ghiselin the motion to approve the Finding was granted unanimously. -3- Pursuant to Mass. General Laws, Chap. 40A, §11, no variance, finding, 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 with the City Clerk and that no appeal has been filed, or if such an appeal has been filed that it has been dismissed or denied, is recorded in the Hampshire County Registry of Deeds and indexed 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. It is the owner or applicant's responsibility to pick up the certified decision fromt he City Clerk and record it at the Registry of Deeds.. The Northampton Zoning Board of Appeals hereby certifies that a variance, finding, or special permit has been granted and that copies of this decision and all plans referred to in it have been filed with the Planning Board and the City Clerk. Pursuant to Mass. General Laws, Chapter 40A, section 15, notice is hereby given that this decision is filed with the Northampton City Clerk on the date below. If you wish to appeal this action, your appeal must be filed pursuant to M.G.L. Chapter 40A, Section 17, with the Hampshire Superior Court and notice of said appeal filed with the City Clerk within twenty (20) days of the date this Decision was filed with the City Clerk. DECISION DATED: November 18, 1992 DECISION FILED WITH CITY CLERK: November 30, 1992 as:d.- L L r-L Alex `selin Robert C. Buscher M. sanford Weil, Jr. -2- City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street . t Northampton, MA 01060 •(413)586-6950 FAX(413) 586-3726 G $ •Community and Economic Development ✓ (/`' �t •Conservation •Historic Preservation I �L� •Planning Board•Zoning Board of Appeals • Northampton Parking Commission DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICANT: KATHLEEN M. MARTIN APPLICANT ADDRESS: 18 PLYMOUTH AVENUE, FLORENCE, MA 01060 OWNER: JOHN F. AND KATHLEEN M. MARTIN OWNER ADDRESS: 18 PLYMOUTH AVENUE, FLORENCE, MA 01060 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 18 PLYMOUTH AVENUE At a meeting held on November 18, 1992, the Northampton Zoning Board of Appeals voted unanimously to GRANT the request of Kathleen M. Martin for a FINDING under the Provisions of §9 .3 (A) (1) , Page 9- 1 of the Northampton Zoning Ordinance, to extend an existing kitchen and add a wrap-around deck to her home at 18 Plymouth Avenue, Florence so that the expansion. maintains the existing side yard setbacks. Present and voting were Chairman Robert C. Buscher, Alex Ghiselin, and M. Sanford Weil, Jr. The findings were as follows: 1. The Zoning Board found that the requested extension is not substantially more detrimental to the neighborhood than the existing nonconforming structure. 2 . The use will remain the same, as a single-family dwelling. 3. The extension will not block any light or air nor invade any abutter's privacy. The Conditions are as follows: 1. Work to be done as described in the application.