22D-117 (6) City of Northampton, Massachusetts1 Ott T.,
Office of Planning and Development t y
City Hall • 210 Main Street DEC I 11996 • :�� '�i$
•
Northampton, MA 01060 •(413) 586-6950 m^i �h- e
FAX(413) 586-3726 F .. 1 `' •
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•Community and Economic Development t 14D0';r`61,
•Conservation•Historic Preservation
•Planning Board•Zoning Board of Appeals
•Northampton Parking Commisalon
DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
APPLICANT: Daniel A. Gingras
ADDRESS: 30 Avis Circle
Florence, MA 01060
OWNER: Daniel A. Gingras
ADDRESS: 30 Avis Circle
Florence, MA 01060
RE LAND OR BUILDINGS IN NORTHAMPTON AT: 30 Avis Circle, Florence
MAP AND PARCEL NUMBERS: MAP 22D PARCEL 117
At a meeting conducted on November 6, 1996, the Northampton
Zoning Board of Appeals unanimously voted 3 :0 to grant the
request of Daniel A. Gingras for a SPECIAL PERMIT under the
provisions of Sections 5.2, 10.10 and 11.9 in the Northampton
Zoning Ordinance, to construct an Accessory Apartment in a UR-A
Zoning District at 30 Avis Circle.
Zoning Board Members present and voting were: Chair M. Sanford
Weil, Jr. , Alex Ghiselin, and Elaine Reall.
In Granting the Special Permit, the Zoning Board of Appeals
found:
A. The requested use for an accessory apartment protects
adjoining premises against seriously detrimental uses
because it is a residential use which will not change the
exterior appearance of the structure as a single-family
home.
B. The requested use will promote the convenience and safety of
vehicular and pedestrian movement within the site and on
adjacent streets and minimize traffic impacts on the streets
and roads in the area because the applicant has provided the
number of parking spaces required by the Zoning Ordinance,
and the accessory apartment will generate minimal additional
traffic.
ORIGINAL PRINTED ON RECYCLED PAPER
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 it will conform to the existing appearance of the
neighborhood as an area of single-family residences.
D. The requested use will not have adverse impacts on the
City's resources, including the City's water supply and
distribution system, sanitary and storm sewage collection
and treatment systems, fire protection, streets and schools.
E. The requested use meets all special regulations set forth in
the Zoning Ordinance in Section 11.9. (See Attachment A)
F. The requested use bears a positive relationship to the
public convenience or welfare because it will provide safe,
quality affordable housing for an elderly couple.
The use will not unduly impair the integrity of character of
the district or adjoining zones because it is in keeping
with the character of the district.
The use will not be detrimental to the health, morals, or
general welfare and shall be in harmony with the general
purpose and intent of the Ordinance.
G. 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.
No conditions were imposed upon the project.
ATTACHMENT A
Section 11.9 Accessory Apartments
2. The Zoning Board of Appeals Found that the following
conditions have been met:
A. The apartment will be a complete, separate housekeeping
unit containing both kitchen and bath.
B. Only one accessory apartment is being created within a
single-family house.
C. The owner(s) of the residence occupy at least one of
the dwelling units as their primary residence.
D. The outside entrance is located in the rear of the
building.
E. The gross floor area of the accessory apartment will
not be more than thirty (30) percent of the building's
gross floor area, nor be any greater than eight hundred
(800) square feet.
F. The accessory apartment will never be enlarged beyond
the eight hundred (800) square feet.
G. The accessory apartment will not be occupied by more
than three (3) people.
H. Three off-street parking spaces have been made
available for use by the owner-occupant(s) and tenants.
a,
Pursuant 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
bearing 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 and notice of said appeal filed with the
City Clerk within twenty days (20) of the date of that this
decision was filed with the City Clerk.
Applicant: Daniel A. Gingras - 30 Avis Circle
DECISION DATE: November 6 , 1996
DECISION FILED WITH THE CITY CLERK: December 11 , 19 '6
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