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17D-075 (2) I/vi § 350-6.8 NORTHAMPTON CODE § 350-6.10 occupy more than 20% of the lot area, provided that no tower or similar structure is located closer to a property line than the distance equal to its height, except as provided in § 350-11.8, Telecommunications and personal wireless facilities. j (4) Municipal- and.publicly owned water towers, water storage facilities, and water standpipes exceeding 20% of the lot area or located closer to a property line than the distance equal to its height shall be allowed by site plan approval from the Planning Board, with the review limited to site layout and landscaping. E. At no street intersection in any district shall any obstruction to vision exceeding three 'i feet in height above the plane established by the intersection streets be P laced or 1 permitted to grow, on any lot within the triangle formed by the lot lines abutting the 1 ' intersection and a line connecting points on these lot lines at a distance of 25 feet from the point of intersection of the lot lines. This restriction shall also apply to the intersection of a street and a driveway in a B or I District. F. A fence, hedge, wall, sign or other structure or vegetation may be maintained on any lot, provided that in the front yard area, no such structure or vegetation shall be over three feet in height above the adjacent ground within five feet of the front lot line unless it can be shown that such vegetation will not restrict visibility in such a way as to hinder the safe entry of a vehicle from any driveway to the street. In residential districts, no fence � I shall exceed a height of 6 1/2 feet (eight feet when abutting a nonresidential district) unless a special permit has been received from the Zoning Board of Appeals. it § 350-6.9. Dimensional and density regulations for lots located in more than one zoning II district. Where a lot is located in more than one zoning district or municipality, the following dimensional and density regulations shall apply: "' A. Frontage. The frontage requirement for the district or municipality in which a majority of i the frontage is located shall apply. If the lot has equal frontage in all districts or municipalities, then the most restrictive shall apply. jI B. Lot area. The lot area requirement for the district or municipality in which a majority of the lot area is located shall apply. If the lot has equal area in all districts or ' municipalities, then the most restrictive shall apply. C. All other dimensional and density regulations. Those dimensional and density regulations required_in a particular district or municipality shall apply to that portion of the lot, or structure, located in said district. _ § 350-6.10. Flag lots. e A. The Planning Board may issue a special permit allowing for the reduction of the frontage 'T requirements for lots in the RR and SR Districts,when such lot is to be used solely for single-family residential purposes, provided that said lot has: 350:38 12-01-2006 i § 350-6.10 ZONING § 350-7 (1) The portion of the flag lot with less than the usual required frontage (the "flag pole") may be no deeper than 300 feet; (2) Met the requirements of the Table of Dimensional and Density Regulations, § 350-6.2; and (3) An access roadway with no curve having a radius of less than 80 feet or, if access is from another lot, there must be area on the flag lot for an access roadway with J no curve having a radius of less than 80 feet; and -! (4) The lot shall be laid out such that the principal structure (erected or to be erected) may be located on the lot in such manner that a circle, with a minimum diameter equal to 1 1/2 times the amount of the minimum frontage requirement required for a nonflag lot in that district, can be placed around the principal structure without any portion of said circle falling outside of the property's line; and - (5) For the subdivision of any single lot or contiguous lots under common ownership, _ in existence at the time of adoption of this chapter or subsequent thereto, there may be no more than three flag lots having abutting, contiguous street frontage. Said contiguous flag lots under common ownership shall share one common curb cut and driveway access. Appropriate easements shall be delineated on the plot plan and on the deeds to the lots, including a clear provision for the responsibility for the maintenance of the common driveway, common utilities (if any) and snow removal, running with the land. Said easements shall: (a) Become part of all of the deeds; and (b) Be recorded at the Hampshire County Registry of Deeds-or Land Court, as applicable. (Proof of recording shall be submitted to the Building Commissioner prior to the issuance of any building permits.) (6) The grade, length and location of access driveways shall be of suitable construction, in the opinion of the Planning Board,,for the access and, where applicable, the turnaround for vehicles, including moving vans, ambulances, fire and police. Said driveways shall conform to all applicable provisions of this chapter. — B. Plans submitted to the Planning Board under this section shall be the same as the plan submitted to the Planning Board under the Subdivision Control Law, and shall include the statement "Lot(s) is a flag lot: building is permitted only in accordance with the -- special flag lot provisions of the Northampton Zoning Ordinance." w C. The special permit application shall include a plan showing the location and layout of the - proposed driveway and house and all provisions for drainage and stormwater runoff. _ D. A flag lot special permit shall be deemed to have been exercised (and thereby shall not expire) when the special permit and endorsed subdivision plans have been properly recorded at the Hampshire County Registry of Deeds. § 350-7. Signs 350:39 12-01 -2006 FROM : Gougeon&Locke Builders FAX NO. : 413 268 0354 Dec. 12 2007 09:42AM P1 R3 Ce ry(e- 00 LOT 1* 1 11 a 70 Sq- F*- IN Q� oN 1+ fA LOT *"t x I 1, -7 13 Sq. Ft. 4 �7- M -4 ZA SW)P)rl f Al Vr-&4�4 I 326 X273 30:; i KNOW ALL Ma BY THESE PRESENTS That 1, Joseph E. Menard, of Northampton, ofm Hampshire being unmarried,for consideration paid,grant to Edward Ken�alt and Evelyn 'r.enault, rus'ca=:_ and wife, and to the survivor of them as joint tenants and not as Ter:ct:t5 ',. -, of said Northampton, with ivarmulg rnarnanfe rl)—rfpt{an and aneombraneu,if anrk A certain tract or parcel of land situate on the westerly side of Garfiel` Avenue in the Village of Florence in said Northampton, more particularly bounded and 'described as follows: Beginning at a point on the westerly side of said. Garfield Ave 'nu at ti northeasterly corner of the parcel herein described which point is the sou!heas er'_;- corner of other land of the said Edward Henault and Evelyn Henault; thence westerly along said other land of Edward Henault and Evelyn Henault two hundred sixty-seven and seven tenths (267.7) feet more or less to the southwesterly corner of said other land of Edward Henault and Evelyn Henault; thence southerly at a right angle thirty (30) feet; thence easterly at a right angle along other land of said Joseph E. Lenard two hundred sixty-seven and seven tenths (267.7) feet .-,ore or less to the westerly side of said Garfield Avenue; thence northerly along the westerly side of , said Garfield Avenue thirty (30) feet more or less to the point of begint:irg. For title see Hampshire County Registry of Deeds Book 767, Page 341 and Estate of IIatilda E. Nenard in Hampshire County Probate Records. i � JUf�b _ w _ _ k=Vbb.�� � �Jtfft71> tShbbC� ilit►uia. ........... hand and seal this....-..r fth---_---._................_.day of -.-_._....._ __..____..._.._..._........._..... ..__.._..._.-------._..__...____.._......._...__. i �hr fQntt VUWraLI4 of filagw*=tts Hampshire, ss. .Tune 5, 1958 Then personally appeared the above named Joseph E. Nienard and acknowledged the foregoing instrument to be his free act and deed,before ni . w t~ s w. ■ William H. Brownell Y, oa.Naaton -ok- Febru4l 1to`60 (•Individual Joint Taunts--Tesnu in Common.-Te mts-by the Entimty.) June 9, 1938 at 3 o*clock & — tins. P.M. Rectd, 'Enttd & Esamtd. Book H6© WARRANTY DEED 2MOW AT•T• MEN BY THESE PRESENTS (correction) _ Peter Aloisi That I, Peter Aloisi of Northampton. Hampshire County, Massachusetts, for consideration paid, grant to Edward Henault and Evelyn Henault. To husband and wife, as joint tenants and not as tenants in common, and to the survivor of them of Northampton with %IjrrbSTY COVENANTS Edward Henault et ux - A certain rectangular tract or parcel of land situated in the Village of Florence in said Northampton more fully bounded and described as follows: Near Garfield Avenue, etc.. Commencing at a point 390 feet northwest of the Westerly side of Holyoke Florence Street, said commencing point being on the northerly side of land of Northampton. one Menard and 40 feet northwest of the northeasterly corner of said Menard's land; thence running in a northwesterly direction along the northerly boundary line of said Menarcl's .land 267.7 feet more or less to an iron pin set in the ground at a clump of three oak trees; thence irunning northeasterly at right angles to the first mentioned line 80 feet to an iron pin; thence running in a southeasterly direction in a line parallel to the first mentioned boundary line about 270 feet to an iron pin set on the westerly side of a right of way leading to Gar- field Avenue; thence running in a southwesterly direction along said right of way 80 feet to the place of beginning.q. Also a right of way over a strip 40 feet wide over other land of Peter Aloisi situated along the southeasterly side of the tract herein oon- veyed, this being part of the proposed extention of Garfield Avenue. a.' Being a corrected description according to surveyor's measurements of the tract conveyed by Peter Aloisi to these grantees October li, 1927, recorded in Book 840, page 103, Hampshire County Registry of Deeds. I, Teresa Alessi wife of said grantor Peter Aloisi release to said gran- tee- all rights of DOWER and HOMESTEAD and other interests therein. WITNESS our hands and seals this 5th day of December, 1929. Walter W O Donnell I Peter Aloisi SEAL to both Teresa Aloisi SEAL THE COMMONWEALTH OF MASSACHUSETTS 9.......Decgmher„-_5-,_,_1929--._,_......_.........._............................Then personally appeared the above-named i Peter-A].oisi---,_,_ -- __---_-..__ _-.................................-and acknowledged the foregoing instrument to be hi s free act and deed. Before me,-•--_.-----.... xYsl.tss�L.._Q_*33o Just st No e o 0 eu Peace --- -- My Commission expires J rg$2- .J HwMPSx , -Ss. ........ . at_._._..9:_.__._o'clock and_...._4;k___minutes,...--.M.._..........M. 0 rte. i 46 8405 410 KNOW ALL MEN BY THESE PRESENTS THAT I. Edward Henault of j Northampton, Hampshire County,Massachusetts, i beingWmorried,for consideration paid,grant to my wife, EvelinaEsnault, alias Evelyn Henault, M of said Northampton 3 with warriud;ra„r„a,ts "two (2)" tracts of land in said Northampton, further bounded and described as follows: tmdma�amc [Dwriptioa and en btmm,V any] . T 1 - ' C cer a n rectangular tract or parcel of land, with the buildings thereon situated in the Village of Florence, in said Northampton, i more fully bounded and described as follows: Commencing at a point three hundred ninety-six (396) feet northwest of the Westerly side of Holyoke Street, said commencing point being on the northerly side of.land now or formerly of one Menard and forty (40) feet northwest of the northeasterly corner of said Menard's land; thence running in a NORTHWESTERLY..direction along the northerly boundary line of said Menard's land two hundred sixty-seven and seven-tenths (267.7) feet, more or less, to an iron pin set in the ground at a clump of three oak trees; thence running NORTHEASTERLY at right angles to the first men- tioned line.bighty (80) feet to an iron pin- thence running in a SOUTHEASTERLY direction in a line parallel to the first mentioned boundary line,about two -hundred and seventy (270) feet to an iron pin set on the westerly side. of a right of way leading to Garfield Avenue; thence.running in a R0UMESTERLY direction along said right of way eighty (80) feet to the place of beginning. j ALSO a right of way over a strip forty (40) feet wide over other land of Peter';Aloisi situated along the southeasterly side of the tract herein conveyed, this being part of the proposed extension of .Garfield Avenue. Being the same premises described in deed from Peter .Aloisi to . Edward Henault and Evelina Henault, dated December 5, 1929, recorded 3 with Hampshire County Registry of Deeds, Book 860, Page 64. 1 _ A certa n tract or parcel of"land with the buildings thereon, situate on the westerly side of Garfield avenue in the Village of Florence, in said,PTorthampton, more particularly bounded and described as follows: Beginning at a point on.the WESTERLY side of said Garfield Avenue at j the northeasterly corner of the parcel herein described which point is the southeasterly corner of other land of the said Edward Henault and Evelyn Henault; thence iESTERLY along said other land of Edward Henault and Evelyn Henault two hundred sixty-seven and seven-tenths (267.7) feet, more or less to the southwesterly corner of said other land of ,dward Henault and Evelyn Henault; 1 thence SOUTHERLY at a right angle thirty (30) feet; thence EASTERLY at a right angle along other land of Joseph E. Menard two hundred sixty-seven and seven-tenths (267.7) feet, more or less, to the waster y side of said Garfield Avenue; thence ORTHERLY along the westerly side of said Garfield Avenue thirty (30) feet, more or less, to the point of beginning. Being the same premises described in deed of Joseph E. Menard to' Edward Henault and Evelyn Henault recorded in said Registry, Book 1273, Page 326. -{a Individual—Joint Twmt, 7minu in Common Tmanu by the Entimty,) - E i 5.94 175.9 509.43 4 %S 39, r 17D-0$0 70 7D-0$ 17D-0$2 13x.7 4 4 r A.37 Qpt 3 OS 40.01 -- .35 9 75 110 144.31 9 1,5 26 100 °17D-013 1075 17Do14 1oi5 f 17D,Q15 30 107.5 fi0 a 1 �-� � i 140 ,10 17 D-016. 50 ` ss as 115 11a j 28 _ loo ,3a14� VERQN A es: ` e9 � �� 17D-057 iao 100 1 � 130.14 26826 _ 17D-056 100 o4 17D-455 6z 20 61.4 -----_ ,' 72 ,87.24 100 17D-074 619 ss 17D-054 1 187.24 72 66 62 r ISO >q59 208a q � 1x� 60 ' 17D^00 loo 71 - 160 ►� 17D-053 62 66 x Q 154.2 0 ,0a so. ;1so ue 17D-060 145.9 17D-1121 162 160 17D^051 7368 150 210 —— 17f) 157.6 27 62 160 6C 65 so 17D 4M f 39 104 60.3a 125 . 17D-Q61 125 ' ' 70 t vQ�G�C?N & B U I L D E R S 26 SOUTH STREET • WILLIAMSBURG,MA 01096 268-9323 Northampton Zoning Board Northampton, MA December 27, 2007 To Whom It May Concern: Joseph Bender, of 17 Garfield Ave., Florence, approached my firin to build him a new house to replace a trailer he lives in at 17 Garfield. Since the flag lot the trailer sits on was created before the flag lot zoning ordinance, we are unsure if the house will be permitted. Mr. Bender has asked me to apply to the Zoning Board to see if his lot will be usable for his purposes. I have enclosed copies of what I think are the pertinent deeds, a plot plan, and the pertinent Zoning map. Under Section 350-6.10 Flag Lots, this lot(17D-075) is 1) in the wrong Zoning District (URB rather than RR or SR), 2) slightly underwide (would need to be 112.5 ft. wide per the standard-frontage circle diameter 350-6.10.4, and 3) grandfathered. Mr. Bender will be removing a 50-year old house trailer and attachments and replacing it with a new, efficient single family house of about 1,500 square feet. The house will conform to all Zoning and Building Permit requirements, including setbacks, except for the frontage due to the flag lot. Before we get too far into permitting, we are asking if this lot is viable. I may be reached by phone at 413-268-9323, by fax at 413-268-0354, or by mail to 26 South St., Williamsburg, 01096. Thank you for your consideration of this application, I f' Jim Locke G _oC Im i q' LOT dv ! , 1 1, 9 70 Sq. Ft fu Q� J .Sef�f' tvr�LL tt ' Q) LOT 'kf- � � � 04 Vf r 7j) 0 J Quick Open Space Calculations Coverages existing 800 D)Cz NCUJA Lot area existing proposed existing 800 q P�Gu� 17970 2200 3608 existing 600 F.��` l N existing Open Space 15770 14362 existing total 2200 Open % 87.8% 79.9% new 1408' F(2 )P61 SF D 140ck)--- new 17 � new f � r total 3608 FHe No. PIease type or print all information and return, form to -th-e—B din6 Inspector's Office with the .S'15 filing fee check or.a<no rder '�4;, ( rq^ � Wble to the c [v' 7. Name or"Applicant: 01 1-0 CA:,E Address: Z(0 Se t) 71 Si A11'6Gl.47v►SG11'P-�-', Telephone: 2,60 �3 3 2. Owner of Property: P ND 6R Address: 1�L01 , NCF- Telephone: 3. StatL's of Applicant: Owner Purchaser Lessee Ogler (expiain) S. Job Location: / t'l Z }EVE, FL-Oie luc 6. Existing Use of Stru=re/Property: 7719� 6. Description of Proposed L'se/VJork/Pr ajec`✓Occupation: (Use additional sheets if ecessaryj: 2 EtvL D U F- Ox'C-. M Z�ysE- T2,� �-�R : g y!(-o N!z w k y y5z- )r-� SINS Lr� FAIL41(-14 1l/S Cy F _k,1A-3 7. Attached Plans: Sketch Plan Site Plan � Engineered/Surveyed Plans 0 a Special Pe. ,�it/Variance/Finding ever been issued for/on the site? NO DON'T KNOW YES IF YES, date issued. IF YES: Was the permit recorded at the P.egistuy of Deeds? NO DONT KNOW YES IF YES: enter Book Page and/or Document-f 9.Does the site contain a brook, body of water or wetlanes? NO DON'T KNOW 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 Gr,Cr-,her Sid2j File#MP-2008-0047 APPLICANT/CONTACT PERSON GOUGEON& LOCKE ADDRESS/PHONE 26 SOUTH STREET (413)268-9323 P THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST LLED OUT ENCLOSED REQUIRED DATE NING FORM Building Permit Filled out Fee Paid Tvneof Construction: ZPA-REMOVE TRAILER&NEW SFH New Construction Non Structural interior renovations Addition to Existing Accessory Structure Buildin,,Q Plans Included: Owner/Statement or License 3 sets of Plans/Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INF9RUATION 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 Well Water Potability Board of Health Permit from Conservation Commission Permit from CB Architecture Committee Permit from Elm Street Co ion Permit DPW Storm Water Management AT/,--SCS Signature of Building Official Date IF 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. FAN VEO(J pajNT TA(ru HANDk9lb"I Oft Ta ocwp) - 3vo rs � iNroti I I I i I 17 GARFIELD AVE BP-2008-1069 GIS#: COMMONWEALTH OF MASSACHUSETTS Map:Block: 17D-075 CITY OF NORTHAMPTON Lot: -001 PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS Permit: Building DO NOT HAVE ACCESS TO THE GUARANTY FUND (MGL c.142A) Category New Single Family House BUILDING PERMIT Permit# BP-2008-1069 Project# JS-2008-000921 Est. Cost: $134611.00 Fee: $1039.80 PERMISSION IS HEREBY GRANTED TO: Const. Class: 5B Contractor: License: Use Group: GOUGEON & LOCKE 001992 Lot Size(sq.ft.): 17990.28 Owner: BENDER JOSEPH H JR. Zoning: URB Applicant: GOUGEON & LOCKE AT. 17 GARFIELD AVE Applicant Address: Phone: Insurance: 26 South Street (41'11 268-9323 Workers Compensation WILLIAMSBURGMA01096-9726 ISSUED ON:513012008 0:00:00 TO PERFORM THE FOLLOWING WORK.-DEMOLISH TRAILER & CONSTRUCT NEW SFH W/PORCH POST THIS CARD SO IT IS VISIBLE FROM THE STREET Inspector of Plumbing Inspector of Wiring D.P.W. Building Inspector Underground: Service: Meter: Footings: - Rough: Rough: y��l/��/���i House# Foundation:�h- 6� zlel ag p � Driveway Final: {-/OLDS Final: I � ��1-0����,7 Final:\ /?�� 8 Rough Frame: GA G 6l s Gas: Fire Department , ---y Fireplace/Chimney: d$ LCU Rough4� ( Oil: Insulation: �I� 12� ai I� i p 2r'� �K 1°ID mok Final: (3t1o15 Final:� -.231'D Se % THIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Certificate of Occu anc — ( Si nature: FeeType• Date Paid: Amount: Building 5/30/2008 0:00:00 $1039.8015980 212 Main Street, Phone(413)587-1240,Fax: (413)587-1272 Building Conunissioner-Anthony Patillo