23A-012 (4) City of Northampton, Massachusetts ''i�( it, pQ`j al4Viba
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DECISION OF THE NORTHAMPTON ZONING BOARD OF APPEALS
APPLICANT: CHARLES HOMMES
ADDRESS: 28 PARK STREET, FLORENCE, MA 01060
OWNER: CHARLES HOMMES
ADDRESS: 28 PARK STREET, FLORENCE, MA 01060
RE LAND OR BUILDINGS
ASSESSOR'S MAP and PARCEL NUMBERS: 1P
At a meeting conducted on June 7, 1995, t e Northampton Zoning
Board of Appeals unanimously voted 3:0 t ` e request of
CHARLES HOMMES for andattunder the provisions of Section 9.3,
page 9-2 in the Northampton Zoning Ordinance " :.+ t.:,..
,...
^� ,'a•- --existing, non-confo><min � -6 e � • • -.>'
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Zoning Board Members present and voting were: Vice Chairman M.
Sanford Weil, Jr. , Alex Ghiselin, and Elaine M. Reall.
The Findings of the Board under Section 9.3 for an addition and
extension of a Pre-existing non-conforming structure were as
follows:
1. The Board found that the additions to a pre-existing non-
conforming structure will not be substantially more
detrimental to the neighborhood than the existing non-
conforming structure.
2 . The Board found that, although the addition will extend
closer to the property line, there is additional adjacent
land which is leased by the applicant for 99 years which was
viewed the same as owning the land. This additional leased
property prvides a sufficient buffer to the neighborhood,
and prevents an encroachment onto the property line.
Conditions imposed upon this project are as follows:
1. The property that is leased for 99 years may not be used for
any other principal structure during the balance of the
lease and this stipulation shall be recorded in the Registry
of Deeds for the remainder' of the lease.
ORIGINAL PRINTF t5N RECYCLED PAPER
Pursuant to Massachusetts General Laws (MGL) Chapter 40A, Section
11, no Finding 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 a the
certified decision of the City Clerk and record it at the
Registry of Deeds.
The Northampton Zoning Board of Appeals hereby certifies that a
Finding 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 Law Chapter 40A, Section 15,
notice is hereby given that this decision is filed with the
Northampton City Clerk on the date below.
If you wish to appeal this action, your appeal must be filed
pursuant to MGL Chapter 40A Section 17, with the Hampshire County
Superior Court and notice of this appeal filed with the City
Clerk within twenty (20) days of the date this decision was filed
with the City Clerk.
Applicant: CHARLES HOMMES - 28 PARK STREET
Decision Date: Tung, 7 1995
Decision Filed with the City Clerk on:
T,mo 19 1995
M. Sanford Weil, Jr. , Vice Chairman
Ale�xGGhiselin
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(too l/ v /. o
Elaine M. Reall
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ZBA Meeting Minutes - June 7, 1995
Vice Chair Weil opened the Public Hearing on the request of Charles
Hammes for a Finding under §9.3 of the Zoning Ordinance for an
addition to a pre-existing, non-conforming structure at 28 Park
Street. Weil reviewed procedures for conducting Public Hearings
and read a copy of the legal notice which was published in the
pailv Hampshire Gazette on May 24 and May 31, 1995.
Attorney Alan Seewald of Amherst was present on behalf of his
client, Charles Hammes. Seewald said that the lot at 28 Park
Street was strange in its configuration and is a pre-existing, non-
conforming lot. The application is for an addition and extension
of a non-conforming structure on a non-conforming lot. He said
there is a 99 year lease on the property, and noted that there are
80+ years left on the lease. Seewald further noted that the leased
land provides a buffer to the surrounding neighbors. The applicant
proposes to extend the existing structure and, as a result, will be
closer to the north boundary line of the property. The extension
does not create a new violation of the Zoning Ordinance.
Weil said that, according to the Ordinance, the addition will.
further exacerbate the present non-conformity by an additiona]. 4 ' .
Seewald said that the property is already pre-existing and non-
conforming, and with the inclusion of the lease property, there
will not be an extension closer to that property boundary.
No one spoke in favor or in opposition to the application.
Elaine Reall moved to close the Public Hearing. Alex Ghisolin
seconded the motion which passed unanimously 3:0.
Alex Ghiselin reviewed S9. 3 (1) (0) (1) of the Zoning Ordinance which
states that the ZBA must find that the alteration will not be
substantially more detrimental to the neighborhood than the
existing structure and will not create any new violations of other
zoning provisions. Ghiselin said he would vote in favor of the
Finding since he found that the change will not be substantially
more detrimental to the neighborhood than the existing structure.
Ghiselin further stated that while he does think the addition will
extend closer to the property line because the 99 year leased land
should be viewed as owning it and provides a sufficient buffer to
the neighborhood. Elaine Reall agreed with Ghiselin. M. Sanford
Weil concurred with his colleagues except he recommended that the
following conditions be attached to approval:
1. The property that is leased for 99 years may not be used for
any other principal structure during the balance of the lease
and that this stipulation should be so noted in the Registry
of Deeds during the period of the lease.
Blaine Reall moved to approve the requested Finding- with the
conditions as noted above. Alex Ghiselin seconded the motion which
passed unanimously 3:0.
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