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PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON
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DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
APPLICANT: Shelley Zimbalist
ADDRESS: 65 Ward Avenue -E C E IIV I D
Northampton, MA 01060
OWNER: Shelley Zimbalist I II AUG 2 9 2602
ADDRESS: 65 Ward Avenue
Northampton, MA 01060 DPI OF BUILDING INSPECTWNS
NOB1NAWTON,MA 01060
RE LAND OR BUILDINGS IN NORTHAMPTON AT: 65 Ward Avenue 1
MAP AND PARCEL NUMBERS; MAP 3014 PARCEL 11$
PROPERTY RECORDED AT THE HAMPSHIRE COUNTY REGISTRY OF DEEDS IN
BOOK 6486, PAGE 14.
At a meeting conducted on August 22, 2002, the Northampton Zoning Board of Appeals
unanimously voted 3:0 to GRANT the request of Shelley Zimbalist for a SPECIAL PERMIT
under the provisions of Section 6.8 & 10.1 in th,Northampton Zoning Ordinance, to construct
a fence over 6' 6"tall(8')at 05 Ward Avenue,to he constructed and located as shown on the
following plans submitted with the application with the revisions noted in the permit conditions:
1. "Proposed Fence" submitted by the applicant and received in the City Clerk's office on July
31, 2002.
Zoning Board Members present and voting were: Bob Riddle, David Narkewicz and Malcolm B.
Smith.
In Granting the Special Permit, the Zoning Board of Appeals found:
A. The requested use protects adjoining premises against seriously detrimental uses because
the fence will not detract from the character of the surrounding neighborhood.
B. The requested use will promote the convenience and safety of vehicular and pedestrian
movement within the site and on adjacent streets, minimize traffic impacts on the streets
and roads in the area.
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C. The requested use will promote a harmonious relationship of structures and open spaces
to the natural landscape, existing buildings and other community assets in the area
because the fence will he 16 feet in length and will not be higher than 8 feet.
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IJ. The requested use will not use City's resources.
E. The requested use meets all special regulations set forth in Section 6.8 of the Zoning
Ordinance.
F'. The requested use bears a positive relationship to the public convenience or welfare by
providing a privacy fence between the property and the neighboring house, without
obstructing views from the street or creating barriers within the surrounding
neighborhood.
The use will not unduly impair the integrity of character of the district or adjoining zones.
The use will not be detrimental to the health, morals, or general welfare, and the use shall
be in harmony with the general purpose and intent of the Ordinance.
G. The requested use promotes City planning objectives to the extent possible and does not
adversely affect those objectives, as defined in City master or study plans adopted under
M.G.L. Chapter 41, Section 81-C and D.
The following conditions were imposed on this Special Permit:
1. The fence shall not be longer than 20 feet or higher than 8 feet.
CERTIFICATE OF SERVICE
Pursuant to M.G.L. Chapter 40A, Section 11, I, Angela Dion, Board Secretary, hereby
certify that I caused copies of this Decision to be mailed, postage-prepaid, to the Applicant
and Owner on August 30, 2002.
I
Pursuari to Massachusetts General Laws(MGL), Chapter 40A, Section 11, no Special Permit,
• or any extension, modification or renewal thereof, shall take effect until a copy of the decision
rearing the certification of the City Clerk that twenty days have elapsed after the decision 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 or Land Court, as applicable 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 from the City Clerk and record it at the
Registry of Deeds.
The Northampton Zoning Board of Appeals hereby certifies that a 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 Massachusetts 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 anyone wishes to appeal this action, an appeal must be filed pursuant to MGL Chapter 40A,
Section 17,with the Hampshire County Superior Court or the Northampton District Court and
notice of said appeal filed with the City Clerk within twenty days (20) of the date that this
decision was filed with the City Clerk.
Applicant: Shelley Zimbalist-65 Ward Avenue
DECISION DATE: August 22, 2002
DECISION FILED WITH THE CITY CLERIC: August 30, 2002
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