24C-197 7 Adare Complaint Response 2015-03-10City of Northampton
Massachusetts
DEPARTMENT OF BUILDING INSPECTIONS
212 Main Street ● Municipal Building
Northampton, MA 01060
John Hoops
16 Massasoit Street
Northampton, MA 01060
re 7 Adare Place 24C-197
March 10, 2015
Dear Mr. Hoops,
I can understand your concerns about the house under construction at 7 Adare Place.
When the owner presented the design in 2014, I reviewed it for compliance with the table of use and
dimensional regulations for the URB district. I've attached a copy of those regulations.
The house complies with all the mandatory requirements of the URB district. The design is unusual, but
it has a covered entry, a front door that faces the street, the attached garage comprises less that 30% of the
front facade and is set back 20' from the front lot line, the house meets all required front, side and rear
setbacks and the height of the building (as defined by zoning) is well below the maximum allowed for single
and two family dwellings. These are the objective requirements for dwelling units, and compliance with these
specific requirements determines whether the building is allowed.
Zoning defines building height in chapter 350, section 2.1:
HEIGHT The vertical distance from the average finished grade of the adjacent ground to the top of the
structure of the highest roof beams of a flat roof, the deck of a mansard roof, or the mean level of the highest
gable or slope of a hip roof. (see diagram 2, below).
Based on this definition, the height of this house is ~25'; well below the 35' height allowed by the table
of use and dimensional regulations.
As far as being consistent with the block faces in the neighborhood, there are a number of buildings
within several hundred feet that we had to consider, including the YMCA, Lander Grinspoon, B'nai Israel, the
Survival Center and DPW garage, the Northampton Water Department, Nuttleman Florist, and several
dwellings of substantial mass and various heights.
A zoning regulation like 350 Attachment 6 does not give design control in the way regulations for
historic or central business districts do. This neighborhood is not an historic district. Our plan reviews are
based on the objective zoning requirements; we cannot use subjective evaluation in these reviews.
I affirm my decision to issue the building permit for 7 Adare Place and will take no further action
concerning your complaint.
Massachusetts G.L. 40A, §§ 8 and 15 provide for appeals. The appeal must be taken within 30 days of
this decision. An appeal under § 8 is made to the permit granting authority; in Northampton, the Zoning Board
of Appeals. More information about the appeal process is available from the Office of Planning; (413) 587-
1266.
Diagram 2
Respectfully,
Louis Hasbrouck
Building Commissioner
City of Northampton
(413) 587-1240
lhasbrouck@city.northampton.ma.us
cc Office of Planning and Sustainability
ZONING
350 Attachment 7:1 09 - 01 - 2014
350 Attachment 7
City of Northampton
Tale of Use and Dimensional Regulations
URB District
Description: Example Structures
Primarily residential
with single-, two-,
three-family units
allowed in different
development patterns,
including townhouse
units.
New homes should
consist of units that
maintain orientation,
rhythm, setback pattern
and street frontage
green patterns of the
surrounding block face
Lot Dimension
Requirements Layout/Setbacks For All Uses
Lot Size
2,500 ft2 minimum
(min.) per unit
Frontage/Width = 50
feet min.
Depth = 75 feet min.
Setbacks
Front =10 feet min.
Side = 15 feet min.
Side = 0 feet on one
side for zero lot line
Rear = 20 feet min.
Max. Height = 35 feet
Open Space = 40%
Desig
Plann
pedes
courty
1. If a
parkin
attach
back 2
garag
comp
30% o
of the
struct
may b
garag
used a
2. Fro
face th
units
front u
entrie
side lo
side s
unless
create
outdo
adjoin
appro
Plann
Build
cover
gn Standards Ill
ning Board may w
strian-scale desig
yards or private
a garage or other
ng structure is
hed, it must be se
20 feet and the
e/structure shall
rise no more tha
of the front facad
e primary
ure. Side setback
be 10 feet for the
e only when not
as living area.
ont doors must
he street. For
extending behin
units, where
es orient to the
ot, the 20-foot
etback shall app
s other means to
e buffer/private
oor space to
ning property are
oved by the
ning Board.
dings must have a
red entry.
lustrated
waive, by site pl
gn that encourag
streets)
r
et
an
de
k
e
t
nd
ply
o
e
a 20'
15'
Garage o
Area
Primary
NORTHA
350 A
lan approval, ele
ges public/private
20'
M
t
a
L
a
DOESN’T FIT
or Parking Struct
Structure
AMPTON CO
Attachment 7
ements 2, 3, 4 if
e transition and i
Covered
20'
15'
Max. 30% of
otal combined
area of facades
Living space
above
T
ture
ODE
7:2
it can be shown
interface (e.g., s
d entry
20'
Ex
co
that a different d
similar elements
15'
Max 30
combinfacade
Connector ele
set back & inc
openings that
Max. 3
total c
area o
Living
xceeds 30% of to
ombined area of
09 - 01 - 2014
design meets a
facing internal
15'
0% of total
ned area of es
ements must be
clude glazed
t face the street
30% of
combined
of facades
space above
otal
facades
4
3. For
setbac
should
block
4. Par
than 5
distrib
to min
the ne
charac
Accom
group
surrou
landsc
parkin
drivew
alley.
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15 fee
buffer
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or scr
Minim
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For ot
in § 3
r new buildings,
ck, scale, massin
d fit within the
k face.
rking for more
5 cars shall be
buted on the site
nimize impact to
eighborhood
cter.
mplished by sma
pings of spaces
unded by
caping or paralle
ng along a narro
way to mimic an
eways wider than
et shall be visual
red from side lot
through setbacks
reening.
mum parking for
ential uses
ther uses see tab
50-8.2.
ng
e
o
all
el
w
n
n
lly
t
s
r
ble
1 space pe
Front yard
Z
350 A
r 1,000 ft2 gross
d setback may on
ZONING
Attachment 7
s living area (rou
nly have parking
7:3
und up). No more
g for a maximum
Doesn’t fit
e than 2 spaces r
m of two vehicles
t
09 - 01 - 2014
required per unit
s
4
t.
NORTHAMPTON CODE
350 Attachment 7:4 09 - 01 - 2014
URB USES ALLOWED
Uses Allowed By Right:
• Single-, two-, three-family dwellings
• Attached (to a single-family) accessory dwelling unit not to exceed 900 square feet gross living area.
See § 350-10.10. Same setback as for principal structures.
• Home business up to 25 visits per week as defined in § 350-2.1
• Zero lot line single-family; see § 350-10.14
• Preexisting nonconforming uses (may trigger ZBA permit)
• Accessory uses to residential:
Tag sales: temporary sales of personal and household articles
Pets/Animals (§ 350-5.3)
• Accessory structures, detached (but no larger than 1,000 ft2 of lot coverage or 3% of lot area,
whichever is greater, unless it is used for agricultural purposes). See also § 350-6.7.
Setbacks:
Front: 20 feet
Side: 4 feet
Rear: 4 feet
• Family day care (registration w/Building Commissioner required)
• Cemetery
• Temporary event as defined in § 350-2.1
• Municipal facility; facilities for essential services
• Agriculture, horticulture, floriculture, noncommercial forestry, the growing of all vegetables and a
temporary (not to exceed erection or use for a period of four months in any one year) greenhouse or
stand for retail sale of agricultural or farm products raised primarily on the same premises
• Rooftop solar hot water and photovoltaic
• Accessory solar photovoltaic (PV) ground-mounted on a parcel with any building/use, provided that
the PV is sized to generate no more than 100% or 8 KW of the annual projected electric use of the
non-PV building/use. Same setbacks as for detached accessory structures.
• Solar photovoltaic of any size, ground-mounted over any legal parking lot or driveway
Site Plan Approval Required for the Following:
• Any construction (other than for a single-family home) greater than 2,000 square feet
• Townhouses with six or fewer units
• Educational use: nonprofit, dormitories, any religious use, day care, school-aged child-care program
(MGL c. 28A, § 9) and historical association or society and nonprofit museum (may include the
residence of a caretaker)
• Reuse of historic educational or religious building(s) for any residential use, live/work space, or
office; provided, however, that no more than 20% of the floor space of the building(s) shall be used
for medical, banking or any offices where a primary function is to provide services to retail
customers or individuals. All such uses approved under this provision shall be within the footprint of
existing building(s) and may only be approved contingent upon protection of all historically
contributing portions of the building with an historic preservation restriction granted to the City of
Northampton in a form acceptable to the Planning Board, with input from the Historical
Commission, as preserving the key character-defining features visible from the road (and not
necessarily meeting federal or state preservation standards for the entire building). The existing
building may be expanded to accommodate elevators and stairwells. Portions of the building that are
not part of the original architecture of the building and which do not contribute to the historical or
architectural significance of the building as determined by the Planning Board, with input from the
Historical Commission, may be demolished.
• Cluster development. See below for lot layout standards and § 350-10.5 for other required criteria.
• Parking off-site and combined parking. See §§ 350-8.5 and 350-8.7.
ZONING
350 Attachment 7:5 09 - 01 - 2014
• Creation or expansion of six or more parking spaces
• Parking lot access for nonresidential uses across a residential lot. See § 350-8.9.
• Parking requirement reduction. See § 350-8.10F.
• Residential shared driveways. See § 350-8.8R.
• Private utility, substation or district utility, small-scale hydroelectric generation
• Year-round greenhouse/stand for wholesale and retail sale of agricultural farm products raised on
site
• Telecommunications antennas (cellular phone) located on existing telecommunications towers or
other structures which do not require the construction of a new tower (in accordance with § 350-
10.9)
Special Permit Approval Required for the Following Uses by Planning Board Unless
Otherwise Noted:
• Detached accessory dwelling unit (see § 350-10.10—Zoning Board of Appeals special permit)
• Home business for personal service business by appointment only or home business more than 25
visits, etc. (see § 350-10.12 for other criteria—Zoning Board of Appeals special permit)
• Upon completion of a moratorium ending December 31, 2014: any townhouse project creating 7 or
more units. Further, for any such project that creates 10 or more units:
1) The design standards for the length of dead-end streets, protection of natural features,
sidewalks, wheelchair ramps, landscaping, utilities; and
2) The construction method and materials for water lines, sanitary sewers, storm sewers, fire
protection, sidewalks, private roads and other infrastructure shall be those set forth in
Chapter 290, Subdivision of Land, even for private roadways and driveways that are not
part of a subdivision, unless the Planning Board finds that a different standard is more
appropriate.
• Educational use: private for-profit colleges, schools, etc.
• Community Center
• Lodging house, halfway house
• Bed-and-breakfast/tourist home
• Nursing homes, assisted living
• Membership club operated as a not-for-profit corporation, as defined by MGL c. 180, excluding any
adult establishments which display live nudity
• Filling of any land. See § 350-10.4.
• Filling of water or wet area. See § 350-10.3.
• Funeral establishment
• Crematory
• Accessory solar photovoltaic ground-mounted on a parcel with any building or use, between 8 KW
or over 100% but no more than 200% of the annual projected electric use of the non-PV building or
use
• Heavy public use. See § 350-10.7—City Council special permit
Cluster Development Layout Standards
a. Project lot = 2-acre minimum
b. Project frontage = 50 feet
c. Project depth = 100 feet
d. Setbacks from project boundary:
Front = 10 feet
Side = 15 feet
Rear = 20 feet
e. Individual lot frontage, setbacks, frontage = 0 feet
f. Maximum height = 40 feet
NORTHAMPTON CODE
350 Attachment 7:6 09 - 01 - 2014
g. Project open space = 50%
h. Design: Planning Board to review layout to ensure project transitions between existing neighborhood
along street and proposed project. For new buildings, setback, scale, massing should fit within the
block face. Mature specimen trees shall be preserved unless shown to be infeasible. No minimum
setbacks, lot size, frontage, or open space for internal lots. More than one structure may be located
on a single lot.
U