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Do Not Write to These4J4 ' -- 'ii - f Application Number. (2)0
Raab. B.I. r r a;,-ck; Filed Fee Pd. Rec'd. ZBA Map(s) Parcel(s)
a. e Oar t it. ., t i a ITV Ogre Amt Date By Dar*
AP IS HEREBY MADE TO THE CITY OF NORTHAMPTON Z-1
2A/-G,v ' niG i.920M-aeo
1. Nameof Applicant Peter W. & Jill A. Kell-
Address 470 North Farms Road, Florence, MA 01060
2. Owner of Property Peter W. & Jill A. Kelley
Address 470 North Farms Road, Florence, MR 01060
3. Applicant is: 'towner; 'Contract Purchaser; OLessee; i=.Tenant in Possession.
4. Application is made for,
EVARIANCE from the provisions of Section page of the Zoning Ordinance of the
City of Northampton.
ITAPECIAL PERMIT under the provisions of Section 6. 13 page of the Zoning Ordinance
of the City of Northampton, as amended.
EOTHER;
5. Location of Property North Farms Road, Florence, MA . being situated on
the Easterly side of North Farms Road SaXa and shown on the Assessors' Maps,
Sheet No. 7 (seven) , Parcel(s) 49 (frontage parrs-I )
48 (abutting rear parcel)
6. Zone RR
7. Description of proposed work and/or use; single family residential rlwel I ng
with attached garage.
8. (a) Sketch plan attached; Oyes DNo
(b) Site plan: ZAttched ONot Required
9. Set forth reasons upon which application is based: see continuation sheet attached
hereto
10. Abutters (see instructions; list on reverse side of form).
12. I hereby certify that information contained herein is true to theest of my know! e.
isDate April aa. , 1988 Applicant's Signatures \A r r
ACkao &Lacey
Assessor's Map
. 11. List of Abutters: Address Sheet No, Parcel
1 Philip R. and Alice Kelley 505 N. Farms Rd. 7 25
2. Leonard C. Jekanowski, 549 N. Farms Rd. 7 27
3. John J. & Grace F. Bollinger, N. Farms Rd. 7 23
4, Mrs. Rose M. Hayes, 489 N. Farms Rd. 7 24
5 Richard J. Novotny & Marilyn J. Schmint, 502 N. Farms Rd. , 7-68
6. Neil A. & Jeanne A. Kelley, 516 N. Farms Rd. , 7 4
7 John W. Maroney, 447 Bridge Rd. (mail address) 7 2
6, James Robert & Jane Ann Martin, 534 N. Farms Rd. 7 3
g, Gordon S. Swift, Jr. , N. Farms Rd. 7 26
10. Gordon S. , Jr. & Andrea H. Swift, N. Farms Rd. 7 55
11.
12.
13.
14.
15.
16.
17. 7 .
18. G'' 0 :} 1988 y 1
EN Or
19 DEN to 6UiLDiryp Ip5P.C7mNC ,
d�RU�nr;ON.MA.D1aSp ��
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
(Attach additional sheets, if necessary)
rvwr
CONTINUATION SHEET
9. (Reasons for Special Permit Application)
1. Applicants acted in good faith, upon the
reasonable belief that they had a "legal"
building lot in all respects, as deeded them
by Peter's father and mother, Philip and
Alice Kelley. The applicants had a valid,
municipally approved perc and understood
that the lot in question was "ancestored" or
"grandfathered" in, as a legitimate building
lot . It was always the parents '
understanding that they owned a legal lot.
This became even more evident to the
Applicants when a home was built by the Swift
family on a neighboring lot of the same size,
originating from a common source. Both lots
were the same size and thus they expected no
problem in securing a building permit.
Unknown to the Applicants, however, was the
concept of "common ownership" or "merger",
which effectively removed the lot in question--J-T---,
from "grandfather" status since it was held
in the same record ownership as the lot 17v
retained by Philip and Alice Kelley, grantors
to the Applicants - ;;
• 1J �
Believing they would have no problem securing C,
a building permit, the Applicants installed
an artesian well on the subject lot and began
to clear the land.
2 . The Applicants have invested a great deal of
time, labor and money in the artesian well
and land clearing. Their families and
friends have also expended much time and
energy on the project. The Applicants have
also incurred perc, engineering, surveying
and legal fees. The inability to build their
home on the lot in question would be a severe
hardship to them, resulting in both material
losses of time and money, and in the
emotional loss of a family building lot.
3 . The Applicants wish to build a single-family
residence for their own use only and not for
speculation. Peter Kelley's parents and
brother live in homes abutting the subject
premises and existing directly across the
road, respectively, and the Applicants '
ability to live nearby would help promote
the common work projects the three families
so often engage in to help one another.
4. The Applicants were deeded the building lot
by Peter's parents as a reflection of their
love and affection for their son and
daughter - in- law , without monetary
consideration. Applicants would not be
able to afford to build on another lot
commanding today's high prices. The only
way their building project is feasible is by
virtue of the deed from the parents.
5. The lot would have its own private septic
and water systems and thus would not overload
any public water, drainage, sewer or other
municipal system.
6. The anticipated use would not create undue
traffic congestion or unduly impair
pedestrian safety.
i` 7. The requested use bears a positive
�' - - .;•".A relationship to the public convenience and
\(�•1° welfare.
\ "--.; V .. 8. The access driveway requirements can easily
<,M be satisfied in light of the configuration
' .., of the building lot.
":4. There will be no undue adverse geographic
concerns relating to fire and police
‘'. GL , -'� . protection if the application were granted.
j1 - lo. All other requirements for Flag Lots have
been satisfied in all respects.
11. This application, if granted, will not be a
detriment to the public good and will not
nullify or derogate from the intent and
purpose of the Zoning Ordinance.
12. The requested use would not unduly impair
the integrity or character of the area, nor
be detrimental to the health, morals or
general welfare. Furthermore, such use would
be in harmony with the general purpose and
intent of the Zoning Ordinance.
" F8