18-022 Louis Hasbrouck<Iasbrouck @northamptonma.gov>
196 Cooke Avenue
1 message
Louis Hasbrouck <Iasbrouck @northamptonma.gov> Fri, May 22, 2015 at 4:01 PM
To: Mark Tanner<mtanner @baconwilson.com>
Cc: Carolyn Misch <cmisch @northamptonma.gov>
Mark,
Carolyn and I went over the application for 196 Cooke Ave (former Moose Lodge). We don't think Boggy Meadows
Road can count as frontage. The frontage requirement in that district is 200'. The lot has -180'frontage on Cooke
Avenue. The lot is therefore legally nonconforming.
It can be used in accordance with 350-9.3, including 350-9.3 (A) 2; "As-of-right in a residential district, when said
change is from a preexisting nonconforming use to a conforming residential use, and there are no changes to the
exterior of the structure or lot and no new nonconformities are created by such change/conversion."
There is a perennial stream on the eastern portion of the property, and the existing building does not meet side yard
setbacks. According to our maps, the existing building may actually extend past the northern property line.
Feel free to contact me if you have any questions.
Louis Hasbrouck
Building Commissioner
City of Northampton
Town of Williamsburg
(413) 587-1240 office
(413) 587-1272 fax
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City of Northampton
Attention: Building Inspector
May 18, 2015
Page 2
It is my client's position that the Property's frontage qualifies under Sections B and C of 350-
2.1. As you can clearly see on the plans the way at issue was constructed or improved as far
back as 1947 when the subdivision plan was initially approved. Further as evidenced in the
attached color photograph the frontage is of suitable grade and width for reasonable vehicular
traffic including emergency vehicles and snow removal vehicles.
If you have any additional questions please let me know at your earliest convenience.
Very truly yours
Mark A. Tanner
MATIgb
Enclosures
55509-0002
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Bacon\W ilson Celebrating l20 Years
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ATTORNEYS AT LAW AMHERST
SPRINGFIELD
WESTFIELD
May 18, 2014
VIA HAND DELIVERY
City of Northampton
Attention: Building Inspector
City Hall
212 Main Street
Northampton, MA 01060
Re: 196 Cook Avenue, Northampton, Massachusetts
Greetings:
Please be advised that I represent Jeremy T. Kochapski relative to the real property located
at 196 Cook Avenue, Northampton, Massachusetts ("Property"). Enclosed you will find a
Zoning Permit Application for the construction of a single family residence on the property. I
have also enclosed the following:
1. Color Plan of Land depicting froryt'dge on Boggy Meadow Road;
2. Registered Plan of Land from 11947 depicting frontage on Boggy Meadow Road, front,
rear and side yard set backs and the proposed building envelope.
It is our position that the Property has adequate frontage and setbacks to conform to
Northampton Zoning for the RR district. Frontage is defined in the Northampton Zoning
Ordinance § 350-2.1 as:
FRONTAGE The uninterrupted length of the font lot line, as defined herein, whether straight or
not, which conforms to the minimum lot frontage requirement and is on:
A. A public way or a way which the City Clerk certifies is maintained and used as a public
way; or
B. A way shown on a previously approved subdivision plan which as been constructed to
the standards required when subdivision approval was granted; or
C. A way that predates subdivision control that has, in the Planning Board's opinion,
suitable width, grades and construction adequate and reasonable for vehicular traffic,
including emergency vehicles and snow removal vehicles, and the installation of utilities.
Bacon Wilson,P.C.\Morse&Sacks 31 Trumbull Road Tel 413.584.1287
Attorneys at Law Northampton,MA 01060 Fax 413.584.0453
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BIOS PLAN OF LAND IM NORTHAMPTON 207692
is Engineering Co., Surveyors
June 5, 1947
JESS/E a O'GOAWOR
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Subdivision of part of land Hampshire RegistryDistr ct of
shown On plan 20769A Hampshire County. Rsceiv d and Recordec
Filed with Oert. of Title No. 26o February 27, 1950.
Registry District of Hampshire County Attest:
,emu ►ssistant Records:
0
10. Do any signs exist on the property? YES X NO
IF YES, describe size, type and location: Existing signage_-to;:berremoved
Are there any proposed changes to or additions of signs intended for the property? YES NO X
IF YES, describe size, type and location:
11. Witt the construction activity disturb (clearing, grading, excavation, or fitting) over 1 acre or is it part of a common
plan of development that will disturb over 1 acre? YES NO x_
IF YES, then a Northampton Storm Water Management Permit from the DPW is required.
12. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION
This column reserved
for use by the Building
Department
EXISTING PROPOSED REQUIRED BY
ZONING
Lot Size
3.07 Acres Same
Frontage
5+
Setbacks Front Existing St 30+ 30+
Side L: R: L:15+ R: 15+ L: R:
30+ 30+
Rear
Building Height
Less than 35,'
Building Square Footage
+/— 2,500
%Open Space: (tot area
minus building Ft paved 2+ acres
parking
#of Parking Spaces
2+
#of Loading Docks
None
Fitt:
(volume Ft location) None
13. Certification: I hereby certify that the information contained herein is true and accurate to the best of
my knowledge.
Date: Applicant's Signature
NOTE:Issuance of a zoning permit does not relieve an applicant's burden to comply with all zoning
requirements and obtain all required permits from the Board of Health,Conservation Commission,
Historic and Architectural Boards,Department of Public Works and other applicable permit granting
authorities.
W:\Documents\FORMS\original\Buil ding-Inspector\Zoning-Permit-Application-passive.doc 8/4/2004
ECG
F7D1 E
File No. ` '
Elecinc F:4. PERMIT APPLICATION (§10.2)
Please type or print all information and return this form to the Building
Inspector's Office with the $15 filing fee (check or money order)payable to the
City of Northampton
1. Name of Applicant: Jeremy T. Kochapski c/o Bacon Wilson, P.C.
Address: 196 CookeAvenue Telephone: (413) 584-1287
2. Owner of Property: SAME
c/o Bacon Wilson, P.C.
Address: 31 Trumbull Rd. , Northampton, MA Telephone: (413) 584-1287
3. Status of Applicant: Owner X Contract Purchaser Lessee Other (explain)
4. Job Location: c; - �
Parcel I&:'. Zoning Map# Parcel# District(s):
In Elm Street District In Central Business District
(TO BE FILLED IN BY THE BUILDING DEPARTMENT)
5. Existing Use of Structure/Property: Commercial
6. Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary):
Single Family House
7. Attached Plans: Sketch Plan X Site Plan Engineered/Surveyed Plans
8. Has a Special Permit/Variance/Finding ever been issued for/on the site?
NO DONT KNOW X YES IF YES, date issued:
IF YES: Was the permit recorded at the Registry of Deeds?
NO DONT KNOW X YES
IF YES: enter Book Page and/or Document#
9.Does the site contain a brook, body of water or wetlands? NO DON'T KNOW X YES
IF YES, has a permit been or need to be obtained from the Conservation Commission?
Needs to be obtained Obtained , date issued:
(Form Continues On Other Side)
W:\Documents\FORMS\original\Building-Inspector\Zoning-Permit-Application-passive.doc 8/4/2004
File#MP-2015-0086
APPLICANT/CONTACT PERSON BACON&WILSON PC
ADDRESS/PHONE 31 TRUMBULL RD (413)584-1287 Q
PROPERTY LOCATION 196 COOKE AVE
MAP 18 PARCEL 022 001 ZONE
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
ZONING FORM FILLED OUT
Fee Paid 7T 77 79 7
Building Permit Filled out
Fee Paid
Typeof Construction: ZPA-SFH
New Construction
Non Structural interior renovations
Addition to Existing -
Accessory Structure
Building Plans Included:
Owner/Statement or License
3 sets of Plans/Plot Plan
THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON
INF RMATION PRESENTED:
Approved Additional permits required(see below)
PLANNING BOARD PERMIT REQUIRED UNDER: §
Intermediate Project: Site Plan AND/OR Special Permit with Site Plan \�
Major Project: Site Plan AND/OR Special Permit with Site Plan
ZONING BOARD PERMIT REQUIRED UNDER: § -
Finding Special Permit Variance*
Received&Recorded at Registry of Deeds Proof Enclosed
Other Permits Required:
Curb Cut from DPW Water Availability Sewer Availability
Septic Approval Board of Health WeII Water Potability Board of Health
Permit from Conservation Commission Permit from CB Architecture Committee
Permit from Elm Street Commission Permit DPW Storm Water Management
S
2-1 —
Signa e of Building Official Date
Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning
requirements and obtain all required permits from Board of Health,Conservation Commission,Department
of public works and other applicable permit granting authorities.
*Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact the Office of
Planning&Development for more information.