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u,"^" PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON
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DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
APPLICANT: James I. Hutchins Q L� U Iii
APPLICANT'S ADDRESS: 22 Washington Avenue •
Northampton, MA 01060 L aI 2030 "j i
OWNER: James I. Hutchins DEPT OF BUILDING INSPECTIONS
OWNER'S ADDRESS: 22 Washington Avenue NORTH/M701,51a 01660
Northampton, MA 01060
RE LAND OR BUILDINGS IN NORTHAMPTON Av,.t, ,,+
ASSESSOR'S MAP and PARCEL NUMBERS ;F➢7AIs3tA,.. PARCEL.3
At a meeting conducted on April 27,2000,the Northampton Zoning Board of Appeals
unanimously voted 3:0 to DENY the request of James I. Hutchins for a VARIANCE under
Section 9.3(1)(E) of the Northampton Zoning Ordinance to change a pre-existing
nonconforming use (by adding a residential apartment on the roof of a building used for
professional offices) for property located at 5 Franklin Street,Northampton.
Zoning Board Members present and voting were: Chair Mark NeJame, Bob Riddle and Larry
Snyder.
In DENYING the Variance, the Zoning Board of Appeals found:
1. There are no circumstances relating to soil conditions, shape or topography of the land or
structures that effect only this property and not other properties in the neighborhood.
2. A literal enforcement of the Zoning requirements would not create a hardship for the
owner, nor would it effectively deny him use of the property, since the building could
continue to be used for professional offices as at present.
3. Relief could be granted without detriment to the public good, and the granting of this
Variance would not nullify or substantially diminish the intent and purpose of the
Ordinance; however the other two Variance criteria are not met. The request is not for
the smallest relief possible because the owner could arguably convert other space within
the building to residential use with a simple Finding.
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planning board•conservation commission •zoning boardofappeals•housing partnership-redevelopment authority
•economic development-comm unity development-historic district commission •historicalcommission-northampton GIS
ori i alp.i.rdo..�ddpa it, •
No conditions were imposed because the Variance was denied.
CERTIFICATE OF SERVICE
Pursuant to M.G.L. Chapter 40A,Section 11,I, Laura Krutzler, Board Secretary, hereby
certify that I caused copies of this decision to be mailed, postage-prepaid,to the applicant
and iwiftleri on Me 1,2000.
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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 doting has been DENIED
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 or the Northampton District 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: James I. Hutchins-5 Franklin Street
Decision Date: April 27, 2000
This Decision was Filed with the City lerk on: June 1, 2000
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