23D-087 (10) DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
At a meeting held on October 3 , 1990, the Zoning Board of
Appeals of the City of Northampton voted unanimously to GRANT
the request of Katherine M. Post for a Finding under the
Provisions of Section 9 .3 (a) of the Zoning Ordinance of the
City of Northampton, that the construction of an eight-foot
addition to an existing porch, would not be substantially more
detrimental to the neighborhood than her existing structure at
29 Warner Street, which is a pre-existing, nonconforming
structure because of a side setback deficiency. Present and
voting were Chairman Robert C. Buscher, Dr. Peter Laband, and
William Brandt.
The Findings were as follows:
1. Section 9 . 3 (a) of the Northampton Zoning Ordinance
provides that " Pre-existing nonconforming structures may be
extended or altered provided that. . .there is a Finding by the
Zoning Board of Appeals that such change, extension or
alteration shall not be substantially more detrimental to the
neighborhood than the existing nonconforming structure. . . "
2 . The proposal is to extend an existing front porch by
eight feet. The new extension will not violate the side
setback as much as the existing house does. The existing house
is over 100 years old, and is on a lot slightly larger than an
acre. There is a line of mature trees separating the
Applicant ' s house from her nearest neighbor on the side of the
house in question. Neighbor's house is 75 ' from Applicant's
house.
3 . The Board finds that no new violation is created, and
further finds that the proposed addition is not substantially
more detrimental to the neighborhood than the existing
nonconforming use.
4 . The Finding i granted.
Robert C. Buscher, Chairman
Dr. Peter Laband
illiam B nd
Northampton Zoning Board of Appeals
October 3 , 1990 Meeting
The Northampton Zoning Board of Appeals met at 7: 00 p. m. on
Wednesday, October 3 , 1990 in Council Chambers, Wallace J.
Puchalski Municipal Building, Northampton, to conduct a Public
Hearing on the Application of Katherine M. Post for a Finding under
the Provisions of Section 9. 3 (a) of the Northampton Zoning
Ordinance that the construction of an eight-foot addition to an
existing porch would not be substantially more detrimental to the
neighborhood than her existing structure at 29 Warner Street.
Present and voting were Chairman Robert C. Buscher, William Brandt,
and Dr. Peter Laband.
Ms. Post showed the Board a drawing of the existing house and the
planned porch extension. She said her lot is over an acre, and the
house has been there for over 100 years. She said that the new
porch will not violate the side setback as much as the existing
house, and "all the neighbors are supportive. " Her closest
neighbor ' s house is 75 ' from her house. It was agreed that no
Special Permit is needed.
There being no one present in favor or in opposition, Dr. Laband
moved that the Public Hearing be closed. Mr. Brandt seconded, and
the motion passed unanimously.
Mr. Brandt found, "I don't feel the requested use will be
substantially more detrimental than the existing use, and will vote
in favor, "
Dr. Laband added, "I find this is not substantially more
detrimental. There is no new violation. "
Ch. Buscher concluded, "I agree. It clearly is not substantially
more detrimental. The distance of the neighbors indicates there
is no imposition on anyone. "
Mr. Brandt moved that the Finding be granted. Dr. Laband seconded,
and the motion passed unanimously.
Also present, in addition to those mentioned, was R. J. Pascucci,
Board Secretary.
Robert C. Buscher, Chairman
V.
:0a �'L
;i ,,; P. CITY OF NORTHAMPTON
= ' . 0 ; ZONING BOARD OF APPEALS
A'44 ►�, NORTHAMPTON, MASSACHUSETTS 0,060
►-4'
DATE: October 18 , 1990
RE: THE REQUEST OF KATHERINE M. POST FOR A FINDING THAT THE
CONSTRUCTION OF AN EIGHT-FOOT ADDITION TO AN EXISTING PORCH WILL
NOT BE SUBSTANTIALLY MORE DETRIMENTAL TO THE NEIGHBORHOOD THAN THE
EXISTING STRUCTURE AT 29 WARNER STREET.
Pursuant to the Provisions of the General Laws of the Commonwealth
of Massachusetts, Chapter 40A, Section 15, notice is hereby given
that a decision of the Zoning Board of Appeals of the City of
Northampton was filed in the Office of the City Clerk on the above
date GRANTING the requested Finding.
If you wish to appeal this action, your appeal must be filed in
Superior Court within 20 days of the date this decision was filed
in the Office of the Northampton City Clerk.
/ ' '
obert C. Buscher, Chairman