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36_-275_letterAA 88 Maple Ridge Rd- determination of applicability310 CMR 10.99 �► Form 2 Commonwealth of Massachusetts .. 1j001 oEPF"Nm 1246- (To oe My dW dY DEPT city,Town Northampton AooacWt Jean & Rolan -d Th;_bodeau 9/30/92 Date Reaueet Fled Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 & NORTHAMPTON WETLANDS PROTECTION ORDINANCE From Northampton Conservation CnMMi cai nn issuing Authority To Jean and Roland Thibodeau Same (Name of person making request) (Name of property owner) Address 150 Quinnehtuck Road Longmeadow, MA 01106-2940 This determination is issued and deliverea as follows: Address by hand delivery to person making request on (,date) Z by certified mail, return receipt requested on (date) Pursuant to the authority of G.L. c. 131, §40, the Northampton Conservation Commission _ has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determination (check whichever is applicable): Location: Street Address Maple Ride Road, Lot Number. 'MAP ID. # 36-275 This Determination isos.itive• est. Is an . 1. 1z' The area descnoe�below, which includes al/part of the area described in your requ Area Subject to Protection Under the Act. Therefore, any removing, filling, dredging or altering of that area requires the filing of a Notice of Intent. 2. The work desc: ibed below, which includes alUpart of the work described in your request is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. There- fore. said work requires the filing of a Notice of Intent. Effective 11/10/89 2-1 3, The work described below, which includes alLpart of the work descnoed.in your request. is within the Buffer Zone as defined in the regulations. and will alter an Area Suoiect to Protection Under the Act. Therefore. said work requires the filing of a Notice of Intent. This Determination is negative: 1. The area described in your request is not an Area Subject to Protection Under the Act. Z. 1 The work described in your reauest is within an Area Subject to Protection Unoer the Act. but will not remove. fill, dredge. or alter that area. Therefore, said work does not require the filing of a Notice of Intent. 3. z The work described in your request is within the Buffer Zone. as defined in the regulations. but will not alter an Area Subject t Protection Under the Act. Therefore, said work does not require the filing of a Notjce of Intent Gv e t!4/Nd es we �ha�t ,i�iyts•./t°S amt %'/sic c'd n/a�.,� Cnfthbf''� d"r' �, ��;vCL....)r evnslivt{•r•rr 4. The area described in your request is Subject to Protection Under the Act, but since the work described therein meets the requirements for the following exemption.as specified in the Act and the regulations. no Notice of Intent is reouired: Issued by Northampton Conservation Commission S This Determination must be signed by a majority of the Conservation Commission. On this a �5 day of O t r°hell -1992 , before me personally appeared Ltwis /h ov?c' . to me known to be the person described in. and who executed, the foregoing instrument. and a%WWVi"gWt he!shb executed the same as his/her free act and deed. NOTARY PUBLIC 111T CONNtBB10N txPIRtB JAN. tL lMG Notary Public My commission expires This Determination coos not relieve me applicant from complying with all other apphcatile feperal. state cr iot a! statutes. OrCUMCeS. py-iaws or reguiations. This Determination sun be valid for three years form me pate of issuance. The applicant. ma owner any person aggneved by this Determination. any owner of land abutting me land upon whiCn the proposed work is to be ocne. or any ten resieents of the city or town in which such land is lo=vCf, are hereby notified of their right to reduest the Department of Environmental Protection to issue a Superseding Determination of Applicability, providing one reeuest is mace by cortdiec mail or hand delivery to me Department. with the a==nte filing fee and Fee Tranwr=ai Fane as provided in 310 CMR 10.03M within ten says from Me date of issuance of this Determinancri. A copy of me reeuest snail at the same time be sent by certified mail or nano oeimery to me Conservation Commission and the ahplicam. d/'n•a e,, -i d I City of Northampton, Massachusetts Office of Planning and Development City HalI •210 Main Street Northampton, MA 01060 • (413) 586-6950 FAX (413) 586-3726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICANT: ROLAND AND JEAN THIBODEAU APPLICANT ADDRESS: 150 QUINNEHTUK ROAD, LONGMEADOW, MA 01106 OWNER: ROLAND AND JEAN THIBODEAU OWNER ADDRESS: 150 QUINNEHTUK ROAD, LONGMEADOW, MA 01106 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 88 MAPLE RIDGE ROAD, NORTHAMPTON, MA 01060 At a meeting held on April 7, 1993, the Northampton Zoning Board of Appeals voted unanimously to GRANT the request of Roland and Jean Thibodeau for a Special Permit and Site Plan Approval under the Provisions of §11.9, page 11-28 and §10.11 of the Northampton Zoning Ordinance, to allow an accessory apartment over an attached three -car garage at 88 Maple Ridge Road. Present and voting were Chairman Robert C. Buscher, Alex Ghiselin, and M. Sanford Weil, Jr. The findings were as follows: 1. The Zoning Board found that criteria for granting Special §10.10 (3) because: - the use was listed in the applicant had met all the Permit and Site Plan Approval the Table of Use Regulations. - the requested use would bear a positive relationship to the public convenience or welfare by providing alternative housing for the elderly. - the requested use will not overload any public water, drainage or sewer system. - the requested use will not create undue traffic congestion or unduly impair pedestrian safety. - the requested use is in keeping with the rest of the neighborhood and will not impair the integrity or character of the district or adjoining zones. - the requested use will not be detrimental to the neighborhood and is in harmony with the general purpose and intent of the Ordinance. 2. The Zoning Board found that the applicant had met the intent of the zoning ordinance 511.9 to allow accessory apartments because: - the applicant will be providing a moderately priced rental unit and housing for a mother-in-law. The accessory apartment will allow the mother-in-law to live independently while remaining close to her family and allow for companionship, security and service which she might otherwise be unable to obtain. (Although, this permit does not restrict the use of the accessory apartment to a mother-in-law). - the home is designed so that the building's exterior appearance will remain that of a one -family residence. - the applicant will develop a housing unit in a single-family neighborhood which would be appropriate for households in a variety of stages in their life cycle. - the accessory apartment will be in a single-family home which will be owner -occupied. - the property values, stability and residential character of the neighborhood will be protected by ensuring that the accessory apartment is installed only in an owner -occupied house. -2- Pursuant to Mass. General Laws, Chap. 40A,- §11, no variance, finding, or special permit, 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 with the City Clerk and that no appeal 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 the certified decision from the City Clerk and record it at the Registry of Deeds. The Northampton Zoning Board of Appeals hereby certifies that a variance, finding, or special permit has been granted 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 Mass. General Laws, 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 M.G.L. Chapter 40A, Section 17, with the Hampshire Superior Court and notice of said appeal filed with the City Clerk within twenty (20) days of the date this Decision was filed with the City Clerk. DECISION DATED: April 7, 1993 DECISION FILED WITH ITY CLERK: April 15, 1993 Robert C. Buscher A �c A- (:�- ( , �', -L � -- Ale Ghiselin 7 (- M. Sanford Weil, Jr. -3- ZBA Meeting Minutes - April 7, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Request of Roland and Jean Thibodeau for a Special Permit and Site Plan Approval under §11.9, page 11-28 for an accessory apartment over an attached 3 -car garage at 88 Maple Ridge Road. Chair Buscher opened the Public Hearing by reading a copy of the Legal Notice which was published in the Daily Hampshire Gazette on March 24, 1993 and March 31, 1993. Present and sitting were: Chairman Bob Buscher, Alex Ghiselin and M. Sanford Weil, Jr. Chair Buscher noted that there had been one item of correspondence received from the Northampton Planning Board dated March 29, 1993 which noted that at its March 25, 1993 meeting, the Planning Board had voted unanimously to recommend that the ZBA approve the Special permit and Site Plan Review on the request of Roland and Jean Thibodeau for an accessory apartment over an attached 3 -car garage at 88 Maple Ridge Road. The Planning Board found that the new house would be in keeping with others in the neighborhood and noted that the Maple Ridge Association had reviewed and approved of the plans for construction. Jean Thibodeau was present to discuss the application. She said that the accessory apartment would be used by her 73 -year-old mother who has lived with the Thibodeaus for the past 14 years. They would like to provide separate quarters for her so that she can remain independent while living on a fixed income. Mrs. Thibodeau said that all construction had been completed except for the kitchen which will not be done until a permit is granted. There were no opponents to the proposal. A letter from the Maple Ridge Property Owners' Association dated October 11, 1992 was noted. The letter stated that the Association approved the Thibodeaus' plans and intention to include an "in-law apartment" in the house and they had no objections to those plans. Attorney Bart Gordon, 30 Valley Street, Northampton said he thought the City wanted to encourage in-law apartments and to support low- cost housing alternatives for the elderly citizens of Northampton. He thought the Thibodeau request was a wonderful opportunity to provide housing for an elderly parent and urged the Zoning Board to approve the request. Sandy Weil read §11.9, pages 11-28 and 11-29 of the zoning ordinance which states the criteria and conditions for allowing accessory apartments. Weil found that the Thibodeau's request met all the criteria as outlined in the ordinance, and noted that he would vote in favor of granting the Special Permit. Alex Ghiselin said he was also willing to vote in favor of the Special Permit. Bob Buscher reviewed the criteria for granting a Special Permit and noted that: -4 -- - the use was listed in the Table of Use regulations. - the requested use would bear a positive relationship to the public convenience or welfare by providing alternative housing for the elderly. - the requested use will not create undue traffic congestion or unduly impair pedestrian safety. - the requested use will not overload any public water, drainage or sewer systems. - the requested use will not unduly impair the integrity of character of the district or adjoining zones. - the requested use will not be detrimental to the neighborhood. Buscher noted that he thought the applicant met all the criteria for a Special Permit and he would vote in favor. Sandy Weil moved to approve the request for Special Permit for an accessory apartment. Alex Ghiselin seconded the motion which passed unanimously. -5 - 4 CITY OF NORTHAMPTON 1' SPECIAL PERMIT AND SITE PLAN APPLICATION 1. PERMIT AUTHORITY(IES): ZBA_j/ Planning Board Council 2. Applicant's Name: Address:/5'o Qu/Ale ?h k kdhocf.Ue-Y,,^0 Telephone: 56 ,� -23Y2— i IJ V i/ E b 3. Property Owner: Address:/So (Vain Cea,•arig r✓eco o lle6 Telephone: 5'62-,73j2-- 11 / 62-73jL 4. Status of Applicant:Owner V Contract Purchaser Lessee Other (explain) 5. A 7. Parcel Identification: Zoning Street Address: e9 Aad(-' A 11/ —P e0 V Special Permit requested under Zoning Ordinance Section ILZ Pg Site Plan is for: Intermediate Project /or Major Project 8. Narrative Description of the Proposed Project (Use additional sheets if / necessary).: ( lr oliev: a /rig - - ,r � / A e ..r1/'Vc�re c t/'cza P • /'naPfr�P,�1 f �c/ "USP Q -74' -07o IJC'r -ire- cru!_ _c��► )I J 9. How does project comply with Special Permit criteria: (See A plicant's Guide for criteria -use additional sheets is nec�essa ) hP QJ'eC7 /,L' r � � �C it 10. Site Plan, with any requests for waivers, must be attached. 11. Abutters List from Assessors' Office must be attached. 12. 1 certify that I have read the SPECIAL PERMIT AND SITE PLAN CRITERIA and that the information contained herein is true and accurate to the best of my knowledge. 1 (or the landowner, if I am not the landowner) grant the Zoning Board and Planning Board permission to enter the property to r ew i ` permit pplication. Date:X !� Applicant's Signature: c 7 (de1Rpb:sitep1an.pb 10/8/92)