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.
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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.
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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.
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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/
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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)