17D-071 (5) Zoning Board or Appeals - Decision City of Northampton
Hearing No.: ZBA-2009-0001 Date: September 16, 2008
I certify that a copy of this decision has been mailed to the Owner and Applicant.
NOTICE OF APPEAL
An appeal from the decision of the Zoning Board may be made by any person aggrieved and pursuant to MGL Chapt 40A, Section 17 as
amended, within(20)days[30 days for a residential Finding]after the date of the filing of this decision with the City Clerk. The date of
filing is listed above. Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk
of Northampton.
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Zoning Board of Appeals - Decision City of Northarn{Iton
Nearing No.: ZBA-2009-0001 Date: September 1611 2008
10)All other conditions from the original Comprehensive Permit approval stand.
Note: This plan provides a separate 8'wide pedestrian access at the end of the hammerhead that is
within the right of way. A 15'wide vehicular access is offered and provided across the paved parking
area of lots 4, 5& 6 for the purposes of aliowing Department of Public Works access to the landfill for
required maintenance. Though not an officially voted upon condition by the Zoning Board of Appeals,
condition 18 of the original permit shall be modified to incorporate language regarding easements as
adjusted in this amended plan for the two proposed pedestrian and vehicular access points.
FINDINGS:
The Zoning Board of Appeals granted the amendment to the Comprehensive Permit based on the following information and plans
submitted with the application:
1. "Overall Plan Garfield Avenue Extension",prepared by The Berkshire Design Group,Inc. for Pioneer Valley Habitat for Humanity,page
L1,revision date:8114108 Zoning Board of Appeals submission.
2 "Plan and Profile Garfield Avenue Extension",prepared by The Berkshire Design Group,Inc. for Pioneer Valley Habitat for Humanity,
page L2, revision date:8114108 Zoning Board of Appeals submission.
3. Letter dated August 15, 2008 regarding Application to revise Comprehensive Permit,submitted by Pioneer Valley Habitat for Humanity.
in granting the Comprehensive Permit Amendment, the Zoning Board of Appeals reviewed recommendations from the Planning Board
and the Department of Public Works, The Board approved the project with waivers as deemed necessary to accomplish the construction
of five single family homes on individual lots. The reconfiguration of the lots reduces the total number of units from three single family
homes with three accessory apartments to 5 single family homes and no accessory apartments without substantially altering the location
of the structures from the original approvals.
Waivers from the Zoning Ordinance that were granted:
1.Reduction in frontage for Lot 2 from 75'to 51'
2.Reduction in frontage for Lot 3 from 75'to 57.5'
3.Reduction in side setback for Lot 3 as shown on plans(minimum of 10'at corner)
4. Reduction in lot area on Lot 4 from 8,000 sf to 7,651sf
5.Reduction in side setback for Lot 4 from 15'to 10'+-
6.Reduction in front yard setback for Lot 4 from 20'to 10'
7.Reduction in lot area on Lot 5 from 8,000 sf to 4,900+-sf
8.Reduction in side yard setback on Lot 5 for the non-zero-tot-line side from 30'to 10'
9. Elimination of required sight-impervious fence for the zero lot homes on kts 5 and 6
10. Reduction in frontage for Lot 5 from 65'to 0'
11.Reduction in frontage for Lot 6 from 65'to 0'
12. Common driveway and access to parking for lots 4, 5, 6 in order to share parking area
13.Reduction in width of common driveway for Lots 2 and 3 from 15'to 13'
14. Waiver from Chapter 350§8.6 for all bituminous parking lot with striped parking stalls to allow trap rock gravel for the parking stalls
with no striping and bituminous for the traveled area
15. Required curbs along the street to be eliminated.No curbing along Garfield Avenue extension
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY APPEAL DATE:
812812008 91412008 912512008
REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE:
9/1/2008 1012212008 9/11,2008 912512008 101612008
FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE:
912512008 911112008 911112008 911612008
SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE:
91412008 5:30 PM 611312008 1211012008
MEMBERS PRESENT: VOTE:
Malcolm B.E. Smith votes to Grant
Sara Northrup votes to Grant
Bob Riddle votes to Grant
MOTION MADE BY SECONDED BY: VOTE COUNT:
.E. Smith DECISION:
Malcolm B Bob Riddle 3 Granted w/Conditions
MINUTES OF MEETING.
Available in the Office of Planning&Development
1, Carolyn Misch, as agent to the Zoning Board of Appeals, certify that this 1s a true and accurate decision made by the Zoning Board and
certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date noted above.
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BLDG. DPW CITY CLERK
Zoning Board of Appeals - Decision City of Northampton
Hearing No.: ZBA-2009-0001 Date: September 16, 2008
APPLICATION TYPE: SUBMISSION DATE:
Modification of Comprehensive Perm 811812008
Applicant's Name: Owner's Name:
NAME: NAME:
Pioneer Valley Habitat for Humanity Pioneer Valley Habitat for Humanity
C
ADDRESS: ;-
ADDRESS:
P O BOX 60642 P O BOX 60642
TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE:
FLORENCE MA 01062 FLORENCE MA 01062
PHONE NO.: FAX NO.: PHONE NO.: FAX NO.:
413 586-5430 ) (413)586-5430 0
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information: Surveyor's Name:
STREET NO.: SITE ZONING: COMPANY NAME:
39 VERONA ST URB
TOWN: ACTION TAKEN. ADDRESS:
FLORENCE MA 01062 Approved w/Conditions
MAP: BLOCK: LOT: MAP DATE: SECTION OF BYLAbc
17D 071 001 Chpt. 350-6.2/Attach 2: Table of Dimensional TOWN: STATE: ZIP CODE:
Book: Page: Requirements
4685 81 PHONE NO. FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
Amendment to Comprehensive Permit originally granted April 1,2004.
The permit expiration date is hereby extended as if this were a new permit.
HARDSHIP:
CONDITION OF APPROVAL:
1) Prior to construction of the lots,a final plan that incorporates the conditions below shall be submitted
to the Office of Planning and Development.
2)The final plans shall be stamped and signed by a Professional Engineer.
3) The parking lot serving Lots 4, 5, & 6 shall be bituminous for the portion of the lot that serves as
access to the landfill and to the parking spots. The parking stalls themselves may be trap rock gravel
(TRG).
4)The south side of lot 4(existing neighborhood side)shall have a side yard setback of 15'to the
proposed structure to comply with the URB zoning setbacks. The north side may be reduced to
whatever distance is necessary to accomplish the 15'side yard setback on the south side.
5) The neighborhood association lot for the stormwater facility should have its own lot label for clarity
and ease of reference.(e.g.Lot A) The maintenance of Lot A shall be spelled out in the Owners
Association.
6) The stormwater lot should be enlarged to include all the area from the end of the paved portion of
Garfield Avenue extension to the sediment forebay. This area shall not be part of Lot 5. it will also
function as snow storage area for Department of Public Works plowing at the end of Garfield.
7) The lot size of Lot 5 shall be recalculated to incorporate the change in area resulting from the
allocation of the grassed area to the stormwater lot area.
8)Prior to any construction,the southerly Activity and Use Limitation(A UL)limits for the Verona
Street Landfill closure shall be staked and clearly labeled by a registered surveyor. The stakes shall
be maintained and reestablished as required throughout the construction. No work or disturbance
shall occur within the AUL limits. The registered AUL plan is located in Plan Book 196, Page 20.
9)No accessory apartments may be created within or part of any of the single family homes on Lots 2-
6.
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