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.
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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.
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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.