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31A-035 (3) '21h -t3,5 Do Not Write In These Spaces Application Number: /77 Red'd. B.I. Checked Filed Fee Pd. Reo'd. ZBA Map(s) Parcel(s) By ode By Date J Date Amt Dare By Date136.00 31 4 35363/y t r`I3tJt APPLICATION.1S_'tEREBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: Narita of Applicant NORPEW'tPT(X1l PINE REST, INC. Address 5 Franks i n Street, Northampton, Massachusetts ..._.._ _... Owner of Property Northampton Pine Rest, Inc. Address 5 Franklin Street, Northampton, Massachusetts 3. Applicant Is: -.XOwner; -Contract Purchaser; OLessee: -.Tenant in Possession. 1. Application is made for: 12 see attached Exhibit "A" x VARIANCE$rom the provisions of Section page of the Zoning Ordinance of the City of Northampton. -:SPECIAL PERMIT under the provisions of Section_ page of the Zoning Ordinance of the City of Northampton. OTHER: 5. Location of Property 211 Elm Street, Northampton, MA , being situated on the Nort easterly side of Elm Street; and shown on the Assessors' Maps, Sheet No., 31A , Parcel(s) 35, 36, 37 6. Zone URB ....... .... 7. Description of proposed work and for use; Continuous caanitment of use of all parcels concerned to existing uses in all respects, The intent is to create a new parcel to Include the building designated as 211 Elm Street. 8. (a) Sketch plan attached; Eves iN No (b) Site plan:K Attched E.Not Required 9. Set forth reasons upon which application is based: See attached Exhibit "B" 10. Abutters (see instructions; list on reverse side of form). 12, I hereby certify that information contained herein is true to the best of my knowledge. N,g r'+rr,r re, r. (' r - r .l.✓c. Dateireri72... /� � Applicant's Signature .5-2-11.2€ ZZ ' 7 L �l2 n ooup Idp 11. List of Abutters: Address Sheet No, V parcel 1 North Hatfield Realty, Inc. 229 Elm Street 31A-14 Mao. ins R. ess - S-po -., 'o i 'a ie •, 'o 1.. 2. Irene F. DePaola & Louise E. 225 Elm Street 31A-15 Jeffway 3 Bruce M. Fogel 18 Franklin Street 31A-16 Os ar David & Miriam Usher 21 Franklin Street 31A-32 Chrisman 5 Eric Montagne Beekman & 15 Franklin Street 31A-33 Faith C. Foss 6. Florence H. Bruce 7 Franklin Street 31.A-34 7, Olive L. Copeland 205 Elm Street 31A-38 8. Richarsd.._P. & Joy M. Unsworth 197 Elm Street 31A-39 g, Richard R. Rescia 277 Crescent Street 31A-42 10. Nonie F.. Stramese 273 Crescent Street 31A-43 t1 Amelia Ripa & Anna CaMposeo 267 Crasnnt Street 31A-44 12 Donald R. Warburton 196 Elm Street 31A-68 i3 John F, & Victoria C. Qlatek 206 Elm Street 31A-69 14 Paul R, & Sally R. Evans 210 Elm Street 31A-70 15 Virginia L. Christie 21.8 Elm Street 31A-71 Mailing Address-fib North P4th Street, Newport, PA Irut4 16. Bernard J. & Mary Rose Cobbo222 Elm Street 31A-72 17, Chester A. & Edith A. Barwikoski 234 Elm Street 21A-73 18„_. Robert W. Jeffway, Jr. , 8 Washington Avenue 31A-208 19. Murray J. & Jean V. Kiteley 25 Harrison Avenue 31A-209 20. Charles:; Hay & Janet Mix 20 Harrison Avenue 31A-230 _He mugger ... 21. Samuel & Alice Chornesky 14 Harrison Avenue 31A-231 22 Janice Wood Wetzel 11 Kensington Avenue 31A-232 23 Stanley M. & Dorothy Elkins 17 Kensington Avenue 31A-233 24. Russell. A. & Constance W. Bishop 253 Crescent Street 31A-327 25. Planning Board of 'limn of Northdlupton 26 Planning Board of Town of Hadley 27. Planning Board of Tam. of Hatfield 28. Planning Board of 1110ibLOtEiIliamsburg 29. Planning Board of `toaii of.Eas}_hanlptan 30. Planning Board of Town of Westhampton t. ;i �9J• 1 (Attach additional sheets, 2 necessary) - CITY OF NORTHAMP'CN, MASSACHUSI:l'Ib zaNING BOARD OF APPEALS CITY HALL, NORIHAMPICN, MASSACHUS1rib EXHIBIT "A" ATTACHMENT 20: Application to the City of Northampton, Zoning Board of Appeals RE: Northampton Pine Rest, Inc. for Variances Attachment to Itan 4: Twelve Variances are being sought in connection with the attached application described and specified as follows: 1. Variation from the requirements of Section 6.4 (subdivision of lot under cannon ownership) of the zoning ordinance of the City of Northampton as indi- cated on page 6-5. Reference is made to the proposed subdivision as set out on a plan of land entitled "Plan of Land in Northampton, Massachusetts, surveyed for Northampton Pine Rest, Inc. , dated March 5, 1981, by Abner Huntley, Sr. & Associaties, Inc. , a copy of which is attached to this application. The following six (6) items relate to the property at 5 Franklin Street, designated as Lot B on the Plan referred to above. 2. Variation frau the requirements of Section 6.2 (frontage) of the zoning ordinance of the City of Northampton as indicated on page 6-2. 3. Variation from the requirements of Section 6.2 (front setback) of the zoning ordinance of the City of Northampton as indicated on page 6-2. 4. Variation fran the requirements of Section 6.2 (silo setbacks) of the zoning ordinance of the City of Northampton as indicated on page 6-2. 5. Variation from the requirements of Section 6.2 (maximum building coverage) of the zoning ordinance of the City of Northmapton as indicated on page 6-2. 6. Variation from the requirements of Section 6.2 (maximum floor area ratio) of the zoning ordinance of the City of Northampton as indicated on page 6-2. 7. Variation frau the requirements of Section 6.2 (minimum open space) of the zoning ordinance of the City of Northampton as indicated on page 6-2. The following three (3) iters relate to the property at 211 Elm Street, designated as Lot C on the Plan referred to above. 8. Variation frau the requirements of Section 6.2 (rear yard setback) of the zoning ordinance of the City of Northampton as indicated on page-.6-2.. [Though reference to Section 6.8-4(c) is Marls relative to allowed projections into setbacks.]: - . Continued . . Continued . . . . EXHIBIT "A" 9. Variation frau the requirements of Section 6.2 (maxinmrn floor area ratio) of the zoning ordinance of the City of Northampton as indicated on page 6-2. 10. Variation from the requirements of Section 6.2 (minimum open space) of the zoning ordinance of the City of Northampton as indicated on page 6-2. The following two (2) items relate to the property at 219 Elm Street, designated as Lot A on the Plan referred to above. 11. Variation flu() the requirements of Section 6.2 (maximum floor area ratio) of the zoning ordinance of the City of Northampton as indicated on page 6-2. 12. Variation from the requirements of Section 6.2 (rear setback) of the zoning ordinance of the City of Northampton as indicated on page 6-2. CITY OF NORPHAMP'1CY1, M?SSACHUSE:1'1b ZONING BOARD OF APPEALS CITY HALL, NORTHAMPTON, MASSACHUSH185 EXHIBIT "B" ATTACBAnNT TO: Application to the City of Northampton, Zoning Ward of Appeals RE: Northarcpton Pine Rest, Inc. for Variances Attachment to Item 9: Statement of reasons upon which application is based. I . Proposal The desired result which the applicant, NORTHAMPTON PINE REST, INC. , hereinafter referred to as APPLICANT , is seeking to achieve is to subdivide the parcel of land shown on the plan of land, referred to in attachment A to this application for variances , into the three (3) parcels of property designated thereon as Parcels A, B, and C. As part of this desire, the APPLICANT has contracts for the purchase and sale of Parcels B and C to ALFRED G. MARTINBEAULT and ROBERT A. BORAWSKI , respectively, which Agreements are contingent upon the allowance of the applied for Variances. The Variances are necessary by virtue of the fact that the three (3) parcels of land, designated on the Northampton Assessor' s Maps as Lots 35 , 36 , and 37 , on Map 31-A, have been brought into common ownership over the period of years between 1966 and 1974 , and as such , are subject to being treated as a single parcel of land pursuant to Section 6 . 4 of the Zoning Ordinance. The attempt to have this single parcel subdivided into three (3) parcels , each similar to the original three (3) parcels , is intended to create parcels of land for each of the three (3) distinctive uses which this lot is being put to at this time. II . Background As indicated above, the property in question consists of three (3) lots which had originally been purchased between 1966 and 1974 , and are shown on the Northampton Assessor' s Map 31-A, as Lots 35 , 36 , and 37 . Lot 35 is entirely devoted to the property referred to as 5 Franklin Street. This parcel (31-A/35) was acquired on March 15, 1966 , in deed recorded in Hampshire County Registry of Deeds , in Book 1481 , Page 370. At the time of acquisition in 1966 , and ever since , the property has been used as a nursing home. In 1969 , a permit was secured for the addition to the nursing home (see the proposed plan of land attached to this application) , which addition was built on what was , at that time , the rear of other land owned by the APPLICANT, designated as Lot 37 , on Map 31-A. The enlarged structure has i at. all times , and continuously, been used as a nursing home. f : t u. -2- Exhibit "B" Continued . . . The Lot numbered 37, on Map 31-A, is primarily de- voted to a multi.-family residence, commonly referred to as 211 Elm Street, Northampton, Massachusetts , and was acquired on October 28 , 1966 , by deed recorded in Hampshire County Registry of Deeds , Book 1496, Page 595. As indicated above, the nursing home addition was put on the rear of this original parcel in 1969 . At all times from the date of the acquisition , and con- tinuously, the building on this parcel has been put to the same use as it now is, that being a multi-family residential dwelling. Lot 36 , on Map 31-A, is entirely devoted to residential rental use and was acquired on January 2 , 1974 , by deed recorded in Hampshire County Registry of Deeds , Book 1732 , Page 39. This lot, and the building thereon, has been used continuously, and for the same use as it is now put, since the date of acquisition. The building on this parcel has been continuously referred to as 219 Elm Street. These lots were acquired with a view toward an ultimate expansion of the nursing home, originally located on the 5 Franklin Street parcel. Attempts consistent with these plans , and based on State regulations , relating to Life-Safety codes, were initiated in 1975. This reference to the Life-Safety codes relates to safety procedures and requirements, which are necessary for nursing home operation. These regulations required certain updated safety measures which were difficult, if not impossible, to incorporate within an existing structure such as the original nursing home. Over those five (5) years following 1975, efforts proceeded towards gaining the necessary approvals to use the property owned by the APPLICANT, on the corner of Elm and Franklin Streets , to the use desired, which would involve the expansion of the nursing home to include a building which utilized the entire corner lot. Recent revisions in the State licensing regulations , relative to these Life-Safety requirements , have permitted the licensing of nursing homes , in older buildings, by means of al- ternative standards to those which were previously applied to newer homes and older homes alike. Through this procedure, the APPLICANT is now able to continue the operation of the nursing home in the existing facility without the need for expansions , as previously sought. The APPLICANT concedes that the three (3) separate lots , as noted on the Assessor' s Maps , are, for the purposes of the Zoning Ordinance, in common ownership. It is its purpose -3- Exhibit "B" Continued . . and goal to re-establish three (3) lots for each of the three (3) buildings located on this corner parcel . In attempting to do this , the APPLICANT is seeking to divide the lots in such a way as to most clearly reflect the current usage required by each of the three (3) buildings . Lot 36 , or 219 Elm Street , would remain as it had been originally acquired in 1974 . Lot 37 would be divided, as in- dicated on the attached plan, to dedicate a portion of the lot originally acquired as part of 211 Elm Street, to the present use of the multi-family dwelling at that address , with the remainder being applied to the use to which it had been put by the expansion of the nursing home in 1969 . The remainder of Lot 35 , which con- tained the original nursing home at 5 Franklin Street, would be added to that rear parcel of Lot 37 to respond to the property ' s use as a nursing home, located at 5 Franklin Street. To reiterate , the APPLICANT is trying to divide the single larger parcel , which had come from three (3) separate deeds , into three (3) new lots , fundamentally quite similar to the three (3) lots as originally acquired. These three (3) new lots have been established in such a way as to be most responsive to the continued use and operation of those three (3) buildings as they have been put to, to date. It is of extreme and crucial importance to recognize and realize that no use of any building on the entire parcel is undergoing any change whatsoever, from the use that presently exists in those buildings . This means that no increase, no decrease, and/or no alteration from the existing use is involved, under consideration, or contemplated, by virtue of this appli- cation. Reference is made to Article IX of the Zoning Ordinance of the City of Northampton, and Massachusetts General Laws , Chapter 40A, Section 6 , relative to the permitted nature of the existing uses to which these buildings are put : as non-conforming uses in existance prior to the adoption of the Zoning Ordinance. III . Variances Consistent with the foregoing, the vast majority of the variances being sought relate only to dimensional and density regulations . In every instance we are dealing with variances for buildings which have existed for at least twelve (12) years , as in the case of the addition to the nursing home , and certainly at least fifty (50) years , as in the case of each of the other buildings . The one exception to the representation that the variances all relate to dimensional and density regulations is the reference to Section 6 . 4 of the Zoning Ordinance. This 1'�'' HQo. -4- Exhibit "S" Continued . Section provides that no groups of lots in common ownership may be separated so as not to be in conformance with a provision of this zoning ordinance. The APPLICANT submits that this provision relates primarily to dimensional and density issues , as the use of each of the buildings is permitted, as a non- conforming use, and as such conforms to the Zoning Ordinance. These variances are delineated in the attachment marked Exhibit "A" to this application and reference may be had thereto. IV. Grounds Pursuant to Massachusetts General Laws , Chapter 40A, Section 10, the basis for the granting of a Variance include the following: 1. Due to circumstances relating to . . shape . . of land or structures , which . . 2 . especially affect such land or structures , but not affecting generally the zoning district in which it is located, cause . . 3. a substantialhardship, financial or otherwise, and . 4 . desirable relief may be granted without detriment to the public good and without substantially derogating from the intent and purpose of the Zoning Ordinance or By-laws. 1. Relative to the first enumerated issue, the APPLICANT suggests that the fact that there are three (3) buildings , each committed to a separate and distinct use from the other, all located on one (1) tract of land, are circumstances which relate to the shape of structures located on this property. Likewise , the nursing home building, located at 5 Franklin Street, is a two (2) story structure, which is approximately 148 feet long and about 46 feet wide. This building is broken up into approxi- mately thirty-four (34) rooms of varying shapes and sizes . The front part of the building is a wood from building of fairly old construction, while the newer addition, built in 1969 , is of steel frame and cinder block construction. 2 . It is these circumstances , as to the shape of the structure, as well as the variety of buildings on the parcel, which the APPLICANT suggests especially affects such structures -5- Exhibit "B" Continued . . . and land, but does not generally affect the Zoning District in which they are located. There are few, if any, lots within the neighbor- hood, and/or Zoning District , which approach the subject parcel in area. There are certainly no other parcels which contain three (3) separate buildings, each of which are dedicated to a distinct and unrelated use, as with the subject parcel. 3. The APPLICANT contends that these special cir- cumstances , which particularly affect its property , cause a sub- stantial hardship, financial or otherwise, to it. This substantial hardship, which the APPLICANT complains of, is the fact that the parcels are not able to be separated without the approval of this Board, due to the Zoning Ordinance. This limitation on the right of the APPLICANT to market its property is significantly troublesome, inasmuch as the separate and distinct uses to which each of the buildings are put make them unmarketable in any form of a package deal. This is due to the cost of such a transaction which would discourage the normal investor , who may well be able to focus on one or two of the three uses but, would have difficulty in managing to accept all three of the uses to which this property is committed. The APPLICANT contends that the literal compliance with the established restrictions puts it in a position to potentially bear an unjust and proportionate share of the price of community welfare. It further suggests that the desired result could be made available to it and would, as the APPLICANT contends , add to the preservation of the uses to which each of these properties is currently put , by limiting any further expansion of any one or more of these uses , by creating fixed parcels of property for each use. Following this line of reasoning, in the event an investor could be attracted, who would be interested in buying the parcel in its entirety, it is likely that such an investor would wish to change one or more of the uses of the buildings located on the said parcel to that of one or more of the other buildings ' uses . In doing so, the said investor would be faced with zoning problems involving not only the issue of the density and dimensional matters now before this Board, but also the use to which the properties are presently being put. This is valid since any use different from those which are currently in place, would be limited to the U.R. -B allowed uses . The only allowed uses are as follows : 1 . Single family dwelling; 2 . Church; 3 . Municipal facility; 4 . Cemetary; 5 . Historical Society ; - - 6. Facilities for essential serUih*s; 7 . Agricultural ; Acer' iaQ1 8 . Forestry. -6- Exhibit "B" Continued . . . Any other use would require either a special permit or a Variance. Such an avenue would also be of significant consequence to any potential investor. This hypothetical investor situation is based on the current situation where two (2) separate investors each desire to purchase separate buildings located on the single parcel , but neither is willing to buy all of the buildings . The APPLICANT suggests that the hardship claimed is , therefore , not perceived but real. 4 . The APPLICANT further contends that the desired relief may be granted without substantial detriment to the public good and, without substantial derogation from the intent and purpose of the Zoning Ordinance. This contention is predicated on the fact that by granting the relief sought, the public good would be served as real estate taxes would increase by virtue of the impending sale of the two of the three buildings and their appurtenant lots at current fair market value; this would pre- sumably involve an increase in real estate taxes . The granting of the desired result would also promote and, in effect, insure the continuation of the existing uses at their current levels by committing each parcel to the building and its appropriate use . It is also the APPLICANT 'S feeling that the creation of these three (3) parcels as requested, would reduce, if not eliminate, the possibility of further expansion or revisions of existing uses . The circumstances would also , seemingly, allow for the improvement and maintenance of all of the buildings located on the parcels by the present , and/or new, owners. It is also felt that the desired relief would be consistent with the statement of zoning purposes , as contained within the Zoning Ordinance , in that it would conserve the value of lands and buildings within the city, while encouraging the most appropriate use of the land. It would also straighten out a convoluted set of circumstances which have been existing by virtue of the three (3) separate uses on what is considered to be a lot in common ownership. The APPLICANT re-affirms that since there will be no change in any use of any of the three (3) properties , the granting of this relief will be consistent with the continuation of the usage that this parcel of property has had over the last twelve (12) years. In summation the APPLICANT is seeking to re-draw lot lines , consistent with the long standing uses to which this property has been put by virtue of the buildings which have been located on this parcel of land. It is being suggested that in doing so, the City of Northampton would stand to benefit by the continued availability of a quality nursing home, while limiting -7- Exhibit "B" Continued . . . any further expansion, without limiting the availability of such care to the people in need thereof. Likewise, the availability of housing space in the tight Northampton market also has benefits for the community. V. Parking The APPLICANT, for the purposes of this zoning appli- cation, submits that pursuant to Article VIII , Section 8 . 1 of the Zoning Ordinance, there are no circumstances which would bring the parking issues , for the application ' s purposes , within the purview of this matter. None of the circumstances delineated in Section 8. 1 come to bear on this application, inasmuch as there are no changes to which the use is being put, such as a new structure, enlargement of an existing structure , new land use , or change in existing use. As such, it is suggested that Article VIII is inapplicable as far as minimum parking spaces and related issues are concerned. Nevertheless , recognizing the valid concerns for the availability of parking and the free flow of traffic to and from the subject parcel, it is submitted that all parking, as had existed on the said parcels to this date, will remain functionally and actually available to all parties in interest. Copies of the purchase and sale Agreements can be made available to the Zoning Board of Appeals upon request , to indicate that the stated objectives and goals of the parties , as well as the legally binding obligations upon each of them, require that the existing parking circumstances be preserved at all costs . It is further submitted that the parking provisions , as well as the access to and from the parcels in question, from both Franklin Street and Elm Street, have been adequate for the needs and purposes required by these parcels. This set of circumstances , relative to the maintenance of the existing parking facilities , is consistent with Section 8. 3 of the Zoning Ordinance , which requires that parking spaces maintained with an existing use shall not be decreased or removed from service. It is this set of circumstances which is proposed for the continued availability of parking at its current levels. Also, reference may be had to Section 8. 5 of the Zoning Ordinance , which indicates that, with the approval of the administrative officer, parking may be provided on adjacent lots. Consistent with this section, the legal obligations and rights of the proposed owners of the new parcels to be created, include their obligation to maintain all parking as it has heretofore existed. t t c' Exhibit "B" Continued . . . The allowance of the desired relief, as applied for, would have no impact on the intensity of the use for parking and traffic that the parcels are presently undergoing. The property at 211 Elm Street has a need for only six (6) spaces in its present tenant structure, while the greatest number of cars required for the staff of the nursing home , at any one time, would be eleven (11) cars . The APPLICANT further submits that the amount of visitor use, delivery use, and emergency use that the property undergoes for the nursing home are all at levels which, for at least twelve (12) years have not generated any significant traffic problems , parking problems, or other related situations which the parcel ' s capacity, as it presently exists, could not accomodate. In summary, the APPLICANT contends that the situation relative to traffic and parking needs for all the uses to which the property (or properties) is/are used are adequately provided for. For your information and reference , a table has been prepared to indicate the various dimensional and density require- ments and the applicable data for the lots as proposed, and is attached hereto, as Exhibit "Ca . CITY OF NORTHAMP'IW, MASSACHUShfib ZONING BOARD OF APPEALS CITY HALL, NORPHAMP'IW, MASSACHUSEI'ib EXHIBIT "C' ATIACHI•ENTP TO: Application to the City of Northampton, Zoning Board of Appeals RE: Northampton Pine Rest, Inc. for Variances Required Item Information * Lot A ** Lot B ** Lot C ** 1-lot area 10,000 sq. ft. 10,966 ft. 14,138 ft. 18,597 ft. 2- front 80 feet 89.10 ft. 55 ft. 116.79 ft. 2- depth 90 foot 92.60 ft. greater than greater than 90 ft. - 90 ft. 4-Setback: greater than greater than a) front 20 feet 20 ft. 13 ft. 20 ft. b) side 15 feet 15 ft. 4 ft. 15 ft. c) rear 20 feet 18 ft. greater than 18 ft. 20 ft. 5-maximum height 35 foot SPP item 6 see item 6 see item 6 or 6- stories 2-1/2 stories 2 stories 2 stories 2-1/2 stories 7-maximum build. 30% 18% 37% 198 coverage 8-mviimrm floor arca ratio .25 .3031 .7169 .2812 3-if uRimUU open 50% 53% 21% 40% space * Information submitted for "Any other permitted use" in U.R-B Zone. ** Reference to lots A, B, and C are to the parcels designated on the plan referred to in Exhibit "A" to the the application noted above. Lot A would contain building known as 219 Elm Street Lot B would contain building known as 5 Franklin Street Lot C would c..xita]n building known as 211 Elm Strutt '$1 I DECISION OF THE .i li ZONING BOARD OF APPEALS h 1*.. !t 3i ,� 5 , , 4i The Zoning Board of Appeals for the City of Northampton met . ,', on July 29, 1981, and unanimously voted to grant the petition of the Northampton Pine Rest Nursing Home for 12 variances needed to - 1 subdivide a parcel of, land at the corner of Elm and Franklin 4' Streets, ' Based upon the evidence presented to the Board, the Board ! made the following findings in regard to the variances: 1. The parcel is unique, in that it contains three separate buildings, and unless the parcel could be subdivided, it none of the buildings could be conveyed individually. 2. Literal enforcement of the Zoning Ordinance would create Ej substantial hardship to the petitioner,because the � nursing home on the parcel would narrow down the number of potential purchasers of the property who would have difficulty making use of the two additional structures on the same lot. iI 3. In granting the variances, there will be no detriment to the public good, inasmuch as there will be no visible . changes to the property: and the Zoning Ordinance was not intended to lock anyone into a hopeless situation I in which removal of the two additional buildings would , be the only alternative. I 4. The neighborhood, while residential in character, has a 1 large number of substandard lots, therefore, returning i the lots to their former status of pre-existing, noncon- 1 forming lots would not derogate from the intent of the Zoning Ordinance. The variances were granted, subject to the condition that the parking spaces on all three parcels remain interchangeable. k iI , ---�..c:'',-tom e�e"' C-..---.1,....-e„„ ,_ c 2 Fc Robert C. Buscher, Chairman Wi�ff}"iayym Brandt] jj�� i Alt-- Laec.fMgy II Pe er Laband I DECISION OF THE ZONING BOARD OF APPEALS Mr. /1j 35 4- v� The Zoning Board of Appeals for the City of Northampton met on July 29, 1981 , and unanimously voted to grant the petition of , the Northampton Pine Rest Nursing Home for 12 variances needed to subdivide a parcel of land at the corner of Elm and Franklin Streets. Based upon the evidence presented to the Board, the Board Ii made the following findings in regard to the variances: 1. The parcel is unique, in that it contains three separate buildings, and unless the parcel could be subdivided, none of the buildings could be conveyed individually. li 11 , 2. Literal enforcement of the Zoning Ordinance would create substantial hardship to the petitioner because the nursing home on the parcel would narrow down the number of potential purchasers of the property who would have difficulty making use of the two additional structures on the same lot. it 3. In granting the variances, there will be no detriment to { the public good, inasmuch as there will be no visible changes to the property; and the Zoning Ordinance was not intended to lock anyone into a hopeless situation in which removal of the two additional buildings would be the only alternative. 4. The neighborhood, while residential in character, has a large number of substandard lots, therefore, returning the lots to their former status of pre-existing, noncon- forming lots would not derogate from the intent of the Zoning Ordinance. The variances were granted, subject to the condition that the parking spaces on all three parcels remain interchangeable. Ii 1' < �. o_eRobert C. Buscher, Chairman 6V05/ /,(74C477- / ll wilciam Brandt iI I Kn• C M Laband 11i ! DECISION OF THE ?t-e77 ZONING BOARD OF APPEALS 14)o. /ij 3//9 - 35; J%, 375-1,1 The Zoning Board of Appeals for the City of Northampton met : on July 29, 1981 , and unanimously voted to grant the petition of �'. the Northampton Pine Rest Nursing Home for 12 variances needed to I subdivide a parcel of land at the corner of Elm and Franklin (i Streets. Based upon the evidence presented to the Board, the Board ii made the following findings in regard to the variances: 11 li 1; 1. The parcel is unique, in that it contains three separate buildings, and unless the parcel could be subdivided, 1 none of the buildings could be conveyed individually. ii II2. Literal enforcement of the Zoning Ordinance would create substantial hardship to the petitioner because the nursing home on the parcel would narrow down the number of potential purchasers of the property who would have difficulty making use of the two additional structures on the same lot. 1 3. In granting the variances, there will be no detriment to the public good, inasmuch as there will be no visible changes to the property; and the Zoning Ordinance was not intended to lock anyone into a hopeless situation in which removal of the two additional buildings would be the only alternative. 4. The neighborhood, while residential in character, has a large number of substandard lots, therefore, returning the lots to their former status of pre-existing, noncon- forming lots would not derogate from the intent of the Zoning Ordinance. jThe variances were granted, subject to the condition that I the parking spaces on all three parcels remain interchangeable. �.- 7- ) -- -- , E.e( Robert C. Buscher, Chairman /P, - 4 /7� LA Wiam Brandt 11 Peterl er Laband L I 1