17D-081 (14) City of Northampton
(:. Massachusetts 49-L ScPr.
A. DEPARTMENT OF BUILDING INSPECTIONS , m
. 212 Main Street m Municipal Building p CQ
v Northampton, MA 01060
Thomas Michel
P.O. Box 60657
65 North Main Street
Florence, MA 01062
September 24, 2015
Dear Mr. Michel,
I have reviewed the zoning permit applications you submitted to construct a single family
dwelling at 1 Garfield Avenue in Florence.
That parcel of land was created by a comprehensive permit issued in 2004 by the Zoning Board
of Appeals in accordance with M.G.L. 40 chapter 40B.
Many of your proposals conflict with a number of the criteria considered by the zoning board
when approving the permit in 2004. None contain enough information to allow a formal decision.
I have located much of the information about that project, including the original application for
the comprehensive permit, the approved permit, the purchase and sale agreement with the city, the
actual deed for the property, the homeowners' association restrictive covenant and information from the
narrow lot design challenge. I have excerpted portions of the some of the documents that I've used to
make my determinations (see below).
You have submitted a number of requests for a determination as to whether you could construct
a house (and in some cases, a garage)on your lot at 1 Garfield Avenue. None of those requests have
included enough information to allow me to determine with certainty that I could approve the specific
proposal. The information required for me to make such a determination is detailed in the Garfield
Avenue Extension Homeowners Association Declarations, Article II section 4: "plans and specifications,
showing the nature, kind, shape, height, materials, floor plans, exterior color scheme, and the grading
plan of the Lot to be built upon'. The Garfield Avenue Extension Homeowners Association Declarations
do apply to your property.
That same section gives the city the right to approve or deny plans and reiterates the
submission requirements: "the...City shall have the right to refuse to approve any such plans,
specifications or grading plans that are not suitable or desirable, in its opinion, for aesthetic or other
reasons. In so passing upon such plans, specifications and grading plans, the ... City shall take into
consideration the suitability of the proposed structure and materials to be the site, including harmony
with the surroundings and effects on the outlook from neighboring properties. Said submission of plans
shall include:
a. a plot plan of the lot, showing the location of the proposed construction:
b. building plans, including drawings which show the elevations of the proposed construction;
c. a description of exterior materials and colors; and
d. the lot owner's proposed construction schedule."
I have conditionally approved some of your proposals. I will not approve others. A number of
proposals included a detached garage at the front of the lot with the house set behind it. I have not
approved these proposals because they are not "consistent with the rhythm and the character of the
neighborhood along Garfield Avenue" (from the Comprehensive Permit approval, section E), "...the site
will function harmoniously in relation to other structures and open spaces to the natural landscape,
existing buildings and other community assets in the area as it relates to landscaping, drainage, sight
lines, building orientation, massing, egress, and setbacks"(Zoning 350-11.6—C, site plan approval
criteria)or"New homes should consist of units that maintain orientation, rhythm, setback pattern and
street frontage green patterns of the surrounding block face" (Table of Use and Dimension, URB
district).
The existing houses on Garfield Avenue are predominantly located close to the street. Only one
has a garage in front of the house. That garage is set into a slope and does not block the view of the
house from the street.
A number of the proposals do not show details of the front entry. The city's Table of Use and
Dimension regulations for the URB district requires that buildings have a covered entry. I may approve
the proposal featuring a ground mounted solar array provided the house has a covered entry.
I may approve the proposal for a courtyard house provided the courtyard enclosure meets the
zoning setback requirements. If the courtyard enclosure is part of the house, it must meet the 15 front
setback requirement. If it is a fence, there is no required setback but it may be no more than Thigh
within 5 of the front lot line.
may approve the Michael Burgess plan but I will need more detailed drawings; that proposal
does not have a detached garage but the drawings don't show the front entry.
The proposal that includes the Schumacher design is not detailed enough to show whether
there is a single building or 2 detached structures.
I will not approve the proposal showing a house with a blank two story wall facing the street.
On each application, you have listed proposed setbacks as the same as the required setbacks.
Most of these proposals do not show the proposed lot layouts with the actual setbacks indicated. Few
of the house plans are dimensioned, but it appears that some of them may not fit within the required
side setbacks because of attached decks or carports. Before I can fully approve any proposal I will
need the actual lot layout with dimensioned setbacks shown.
Feel free to contact me if you have any questions. Perhaps we could sit down and have a
reasonable discussion about this process. It could save us both some time and aggravation.
Respectfully,
LouisHasbrouck
_-• ,,
Building Commissioner
City of Northampton
(413) 587-1240
Ihasbrouck(a)city.northampton.ma.us
cc Office of Planning and Sustainability
From the Comprehensive Permit approved in 2004:
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. A majority (4+ acres) of
the site will be permanently protected as open space to be owned by the Northampton Conservation
Commission, including permanent protection of the capped landfill. Public access to the open space will
be provided through an easement across Lot 3, All development will be outside the wet/and buffer
zones; and....
E. The requested use bears a positive relationship to the public convenience or welfare. The use will
not unduly impair the integrity of character of the district or adjoining zones, nor be detrimental to the
health, morals, or general welfare. The use shall be in harmony with the general purpose and intent of
the Ordinance. The project for four single family homes in a cluster provides units that will be consistent
with the rhythm and the character of the neighborhood along Garfield Avenue; and...
F. The requested use will promote City planning objectives to the extent possible and will 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. Cluster in-fill development as recommended within the City's Vision 2020
document provides new residential units while permanently per serving open space.
From the City Zoning Ordinance concerning site plan approval:
350-11.6 C. The site will function harmoniously in relation to other structures and open spaces to the
natural landscape, existing buildings and other community assets in the area as it relates to
landscaping, drainage, sight lines, building orientation, massing, egress, and setbacks.
From MGI 40B section 21 (Comprehensive Permits):
The board of appeals shall request the appearance at said hearing of such representatives of said local
boards as are deemed necessary or helpful in making its decision upon such application and shall have
the same power to issue permits or approvals as any local board or official who would otherwise act
with respect to such application, including but not limited to the power to attach to said permit or
approval conditions and requirements with respect to height, site plan, size or shape, or building
materials as are consistent with the terms of this section.
From the Table of Use and Dimensions URB:
"...New homes should consist of units that maintain orientation, rhythm, setback pattern and street
frontage green patterns of the surrounding block face..." and "buildings must have a covered entry"
From the 40B comprehensive permit application, section C:
Houses match scale and style of existing residences on Garfield Ave: see attached building elevations
From the Garfield Avenue Extension Homeowners Association Declarations (recorded, Book
10222, Page 1.13):
4. BUILDING APPROVAL
No building or other structure shall be commenced or erected, nor shall any addition be made, until
plans and specifications, showing the nature, kind, shape, height, materials, floor plans, exterior color
scheme, and the grading plan of the Lot to be built upon, have been submitted to and approved in
writing by the Developer(for Lots 2,3,4,5, and 6) or the City (for Lot 1) in recordable form. The
Developer or the City shall have the right to refuse to approve any such plans, specifications or grading
plans that are not suitable or desirable, in its opinion, for aesthetic or other reasons. In so passing upon
such plans, specifications and grading plans, the Developer or the City shall take into consideration the
suitability of the proposed structure and materials to be the site, including harmony with the
surroundings and effects on the outlook from neighboring properties. Said submission of plans shall
include:
a. a plot plan of the lot, showing the location of the proposed construction:
b. building plans, including drawings which show the elevations of the proposed construction;
c. a description of exterior materials and colors; and
d. the lot owner's proposed construction schedule.
If the Developer or City fails to approve or deny a proposed structure within forty five (45)days after
receiving the full proposal as described above, the proposal shall be deemed approved. The
developer's right of approval under this paragraph 4 shall expire at such time as houses have been built
on all of the Habitat Lots, a.."Id the City's right shall expire at such time as a house has been built on
Lot I, and thereafter said right of approval shall be exercised by the Homeowner's Association
established hereunder: