24A-034 Willard Blackberry Ln-2From: Louis Hasbrouck [mailto:lhasbrouck@northamptonma.gov]
Sent: TuesdaYI September 02/20141:50 PM
To: John Mclaughlin
Cc: Carolyn Misch; david mccutcheon
Subject: Lot 24A-034 (#8 Blackberry Lane)
Attorney McLaughlin,
I reviewed a zoning permit application proposing the division oflot 24A-034 (* Blackberry
Lane) into 2 separate building lots. I determined that the lot could be divided int 2 conforming
building lots, subject to the requirements of the city's Table of Use and Dimensional Regulations,
350 attachment 6. I've attached a copy ofthat application.
That table allows a lot size of 5000 sf with 50' frontage and 75' depth. The parcel could be
divided into 2 lots, with each meeting the dimensional requirements for a single family dwelling.
The application indicated that the existing parcel (24A-034) has 117 feet of frontage on
Blackberry Lane. Based on recent information, I am not certain that the western property line
along Blackberry Lane actually constitutes frontage.
The city's zoning ordinance, 350-2.1 defines a lot as itA parcel of land held in fee simple
ownership designated on a plan or deed filed with the Hampshire County Registry of Deeds or
Land Court; however, contiguous lots in common ownership may not be divided except in
conformance with this chapter. Two or more contiguous lots in common ownership may be
treated as one lot for the purposes of this chapter; provided that the combined lots are used as a
single lot would customarily be used. The following shall not be counted toward land within the
minimum lot area: land under permanent water bodies; land within public ways, and land within
private ways and rights-of-way where the general public has the right of access by automotive
vehicles." Frontage is also defined in the ordinance.
The original lot would need to be divided, likely by ANR approval by the Northampton Planning
Board. Before I would issue a building permit for a structure on either of the newly created lots, I
would need a copy of a plan or deed filed with the registry of deeds.
Based on my understanding of the current ANR regulations, the Planning Board would make the
determination as to whether the lot has frontage. If they did not approve the ANR, I could not
issue building permits for the 2 lots (350-4.1 b). Also, given the questions about whether the
current lot has frontage, I would not issue a building permit for that lot either, without proof of
sufficient frontage.
I hope this answers your questions.
Louis Hasbrouck
Building Commissioner
City of Northampton
Town of Williamsburg
(413) 587-1240 office
(413) 587-1272 fax
( of Northampton E-mail is a record except when it falls under one
of the specific exemptions.)
GREEN MILES LIPTON, LLP
ATTORNEYS AT LAw
77 PLEASANT STREET
POST OFFICE Box 2 10
NORTHAMPTON, MA 0[0(ir-02 ro
(4[ ') 58(i-8218
FAX (413) 584-6278
www.greenmiles.com
Mr. Louis Hasbrouck
r'--.
December 15,2014
Building Commissioner, City of Northampton
Puchalski Municipal Building
212 Main Street
Northampton, MA 01060
Dear Mr. Hasbrouck:
JOHN)' GREEN,JH.
HARRY L. MILES
ROGER P LIPTON
JOHN M. MCLAU(;HUN*
MICHAEL PILI.
*ADMJrrED AL"O l:-..J CT
SUSAN L. MILES
JOANNE M. KUZMISKI-JACKSON
BRIAN L. BLACKBURN (/)I.C)
Please be advised that I represent Sandra Gogel and Robert Gogel ("my clients"), of 9
Blackberry Lane, Northampton, Massachusetts. Their property on Blackberry Lane makes my
clients statutory abutters with reference to the property located across the street from them, Lot
24A-034 (hereinafter referred to as "#8 Blackberry Lane"), Northampton Massachusetts.
I understand that should a party make an application to the zoning Board of appeals with
the planning board with reference to #8 Blackberry Lane notification to my client should be
made by the applicant pursuant to the pertinent statutes. Yet, I am writing to you to request that
you give me notification should any party make application to you regarding #8 Blackberry
Lane, such as an application for a building permit or a zoning permit.
If you recall we have already had communications regarding this property. Please see a
copy of your e-mail of September 2, 2014 for your records. I would appreciate any assistance
you could give my clients in this matter and I thank you for your attention to this matter.
Enclosure