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23A-015 (9) i, 11 - A *,* DECISION OF In: ZONING BOARD OF APPEALS d I') At a meeting held on September 17, 1986, the Zoning Board of Appeals 1 of the City of Northampton voted unanimously to deny the requests of 1 Harold R. Fitzgerald, Sr. , 224 Prospect Street, Northampton for a Variance ' and a Finding for the purpose of adding a single-dwelling unit in an existing detached structure in conjunction with an existing eight-unit dwelling I located at 18 park Street.(Florence), Northampton AND his request for a Finding for the purpose of adding four units to the same structure at the same addresss. Present and voting were: Acting Chairman William Brandt, , Peter Laband and Sanford Weil, Jr. The findings were as follows: P. Laband, referring to the request for a Variance and a Finding (single unit dwelling), found that the density envisioned by the originators of the Zoning Ordinance for a 43,825 sq. ft. lot in this zone would be, at most, a use of four townhouse units or three apartments with a Special Permit. He stated that he conducted a site visit and spoke with the Building Inspector, whose records indicate that as of 1977, the structure contained seven units and as of 1984, eight units, with no records showing issuance of any permits. He found that an increase in the number of units would be substantially more detrimental to the area; that there are many older homes in the area with many barns in the rear, all of which could be argued to be unique, however, because one is different from the other does not constitute a unique factor; that the argument of not being able to use the structure for other purposes is not substantiated; that relief cannot be granted without substantial detriment to the public good, because of the intense use of the lot; and that the intent of the ordinance is to provide space between one group of people and another group of people and to exceed the density regulations is not in the common good. � � "S� ^ Referring to the request for a Finding for four-units in the `.- tt detached structure, P. Laband found that the addition of four more - [��,g units would be substantially more detrimental than the existing use. tdo p ',._ N S. Weil found that he was not convinced that the topography is unique or that a hardship would be created and also found that the I requestetl use would be substantially more detrimental. He concurred Ebi4 with P. Laband's findings regarding the request for four units. N =c . _ W. Brandt found no unique qualities to the structure or the lot as it is not uncommon to have rear barns in that area, nor is the size and shape of the lot unique to that area; that although a hardship may be involved, it is not substantial; that as the land already supports 1 eight units, the requested use would be substantially more detrimental to the neighborhood; and that the intent of the Ordinance is to restrict multifamily use in a URB zone and restrict the use of two principal structures on a single lot, and thus, the requested use is not in harmony with the intent of the ordinance. Referring to the request for a Finding for the addition of four units 1' in the detached structure, Mr. Brandt also found that this use would be substantiallyumore detrimental than the exi tin use 11' i JD9)�.. L /c illndzA ting Charman 1� Peter Laband tit CITY Oh NORTHAMPTON /' "'4 'i., Tax Map No. 23A Lot 15 ZONING PERMIT APPLICATION I. Filo Zoning Ordinance Section 10.2 afar eive �No. .ja Plan File Owner Harold R. Fitzgerald, Sr. Applicant Harley M. Sacks 224 Prospect St. , Northampton 31 Trumbull Road Address .__ Address Telephone 586-2529 Telephone Northampton, MA 01060 SPA110/ This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations: (Z.O. ARTICLE VI) Zoning Use Lot Front Depth Setbacks Max. Bld. Min. Op. District Area Width Front Side Rear Cover Space 8 53, 825100 ' 346 50 ' '21 x Past URB Existing 8ami l 6100 ' 30 % 50 9 43 ,825 100 ' 346 50 ' 26 x 30 % 50 Present URE Proposed fami 1 12 ' Mark the appropriate box to indicate the use of the parcel: ❑ Non-Conforming Lot and for Structure. Specify • N Residential ❑Single Family Unit XliMulti-Family 0 Duplex ❑ Other O Business Li Individual ❑ Institutional ❑ Subdivision ❑ Regular 0 P.U.D. ❑ Cluster 0 Other ❑ Subdivision with "Approval-Not-Required"-Stamp: ❑ Planning Board Approval: ❑ Zoning Board Approval (Special Permit 10.9: Variance) ❑ City Council (Special Exception S. 10.10) Watershed Protection District Overlay: (Z.O. Sect. XIV) 0 Yes 12f No Parking Space Requirements: (Z.O. Sect.8.1) Required 18 Proposed 18 Loading Space Requirements: (Z.O. Sect. 8.2) N/A Required Proposed Signs: (Z.O. Art. VII) 0 Yes ® No Environmental Performance Standards: (Z.O. Art. XII) ❑ Yes RJ No Plot Plan M Yes ❑ No Site Plan 0 Yes RXNo (S. 10.2) (S. 10.2 and 10.11 Waiver Granted: Date ❑ This section for OFFICIAL use only: ❑ Approval as presented: ❑ Modifications necessary for approval: ❑ Return: (More information needed) f',, ^ ' , . - ,, Denial: Reasons: 714-Ytt �'>.-f YJT(1Q P. K_S�l$. tlAid 1 11 Ha R gerald, By-His Attorney, // ad Hart . Sacks July 8 , 1986 Signature of Applicant Date Signature of Admin. Officer ate -Do Noi Write In These Spaces Application Number: SGT:::, Reed. B.I. Checked Filed Fee Pd. Recd. ZBA Map(s) Parcel(s) By` D b �ate .+BY 0810008100Data rAmt. Date By D:4142lD:4142 1l L' 1'16-0 c?,A IS 3 . APR,. , �S EBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: {S ti-)�- 7. g of Applicant Harold R. Fitzgerald, Sr- Address 224 Prospect Street, Northampton, MA 01060 2. Owner of Property Harold R. Fitzgerald, Sr. Address 224 Prospect Street, Northampton, MA 01060 3. Applicant is: ElOwner; ❑Contract Purchaser; ❑Lessee; ❑Tenant in Possession. 4. Application is made for: O VARIANCE from the provisions of Section page of the Zoning Ordinance of the City of Northampton. OSPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance of the City of Northampton. XNOTHER: Finding under the provisions of Section 9 . 3A, B, E on pages 9-1 and 9-2 of the Zoning Ordinance of the City of Northampton 5. Location of Property 18 Park Street being situated on the north side of- Park Street Street' and shown on the Assessors' Maps, Sheet No. 23A , Parcel(s) 15 „ 6- Zone - Urban Residential B (UPS) 7. Description of proposed work and/or use; to add one dwelling unit in an existing detached structure. There are presently eight dwelling units in one hni1ding.,. The additional unit would °o into the existing two story carriage barn. 8. (a) Sketch plan attached; nes O No (b) Site plan: °Attched Z)Not Required 9. Set forth reasons upon which application is based: Proposed additional dwelling unit would be for owner occupied. The additional dwelling unit would nave no impact on area and presence of owner occupied would allow tighter control over tenants. 10. Abutters (see instructions; list on reverse sideof form). 12. I hereby certify that information contained herein is true t. t' e/Ib St��'f my knows-dge. Date July 8, 1986 Applicant's Signature ,v II \� Hatt' l'• . Itzg-ra t , r. , By ' s Attorney, Harley M . Sacks • • LIST OF ABUTTERS [.;, MAP 23A Owner Property Mailing v'- Lot Address Address 1^^ •-" Number Shepherd, James 30 Park Street Florence Savings 11 C. and Dorothy M. 85 Main St. Florence, MA 01060 Hommes, Charles D. 28 Park Street Heritage-NIS 12 and Vicki Baum-Hommes 109 Main Street Northampton, MA 01060 Nolan, John J. , Jr. and 26 Park Street 26 Park Street 13 Bontempi, Rita Estelle Florence, MA 01060 Stowell, Jett E. , Jr. 22 Park Street Easthampton Savings Bank 14 and Sandra 36 Main Street Easthampton, MA 01027 Stone, Justin B. and 14 Park Street 14 Park Street 16 Ellen F. Florence, MA 01060 Fierst, Frederica V. 10 Park Street 10 Park Street 17 and Eva C. Florence, MA 01060 Smith, Malcolm B. E. 9 Park Street Florence Savings Bank 19 and Sweetser, Patricia 85 Main Street Florence, MA 01060 Cameron, Murray D. 13 Park Street 13 Park Street 20 and Isabella Y. Florence, MA 01060 Galenski, Stanley J.Jr. 17 and 19 Park St. 19 Park Street 21 and Bonnie A. and Florence, MA 01060 Trenary, Kathy J. Platt, Rutherford H. 21 Park Street 21 Park Street 22 and Constance A. Florence, MA 01060 Hanley, Mary E. 27 Park Street 27 Park Street 23 Florence, MA 01060 O 'Donnell, Luke B. 29 West Center St. 29 West Center St. 47 and Bernice J. Florence, MA 01060 Grandy, Ralph W. 26 and 28 West 28 West Center St. 48 and Ruth J. Center Street Florence, MA 01060 Emerson, William H. 121 Pine St. 200 North Elm St. 144 and Marie G. Northampton, MA 01060 LIST OF ABUTTERS MAP 22B Owner Property Mailing Lot Address Address Number Brown, Joan E. 45 Corticelli St. 192 Abbott Street 19 and Frederick W. ,Jr. Springfield, MA Pendergast, Edward T. 13 Meadow Ave . 13 Meadow Avenue 20 and Ursula C. Florence, MA 01060 Pendergast Edward T. Meadow Ave. 13 Meadow Avenue 21 and Ursula C. Florence, MA 01060 Shea, Anna C. and 41 Corticelli St. 41 Corticelli St. 22 Lawrence M. Florence, MA 01060 Ryan, James E. and 37 Corticelli St. 37 Corticelli St. 23 Irene C. Florence, MA 01060 Messeck, Earl T. 29 Corticelli St. Florence Savings Bank 24 and Mary E. 85 Main Street Florence, MA 01060 Shaw, Priscilla J. 25 Corticelli St. Heritage-NIS Bank 25 for Savings 109 Main Street Northampton, MA 01060 Karparis, Peter P. 21 Corticelli St. 21 Corticelli St. 26 and Rose Marie Florence, MA 01060 Ferrante, Anthony Off Meadow St. 48 Meadow Street 64 and Elizabeth B. Florence, MA 01060 .it • u i9Sx:. .. _ 1S 476/d I/ . ao% _. ZSz 915 A .tS _PmdSb7!/ hzZ Q7WI#v21ci at lhoxidif el ,If, -aa\i/ N e , PI ba ni Oh 17 0/ s/ 4 4a a , {l. ¢ ,• - , 9961 n r 6 S L ( © CEJ W 1 I Id.j 1 _y 41 C-1- haols C < oS > < - .:,,,, • " -z 4,7 N