23D-112 (9) Northampton Zoning Board of Appeals
Decision on Applicatino of David Teece/Frederick Ostrowski
June 5, 1985
The Northampton Zoning Board of Appeals met at 7:25 p.m. in Council Chambers,
Wallace J. Puchalski Municipal Building to render a decision on the Special Permit
request of David Teece and Frederick J. Ostrowski under the provisions of Section 5.2,
Page 5.2 of the Zoning Ordinance of the City of Northampton for the purpose of constructir
a two-family dwelling at property located at 584 Elm Street, Northampton. Present
and voting were: Chairman Robert C. Buscher, Peter Laband and Charles Maguire.
It was moved, seconded and voted unanimously to accept the minutes of the
May 22, 1985 public hearing. The Chairman stated that a site visit was made to
determine the relationship of parking to the neighborhood. He asked the applicants
if there were any changes in circumstances, to which Mr. Teece stated that he had not
contacted the new owner of the adjacent property, as he did not know specifically
what the Board would require. The Chairman asked the applicants to elaborate on some
issues, as they were not discussed in detail at the hearing.
Regarding other two-family dwellings in the area, Mr. Teece cited several in a
cluster in the immediate area of the property (six of the abutters notified are two-
family houses) . Regarding a description of the proposed dwelling, Mr. Teece stated
that the plans are for a 24' x 36' side by side duplex.
P. Laband stated that parking on this lot would be visible from Elm or Federal
Streets, depending on if it were located in the front of the building or the rear,
and therefore, he has no opinion regarding the placement of the lot, as long as the
required spaces are provided. Referring to Section 10.10, he found that the use is
listed in the Table of Use Regulations; that the requested use bears a positive rela-
tionship to the public good as it will provide additionalhousing to the City; that
the amount of traffic generated by two families on this road will be negligible; that
the requested use will not overload municipal systems; that Article XI does not apply;
and that the requested use does not impair the integrity of the character of the
neighborhood and is in harmony with the intent of the Ordinance, as there are other
two family dwelling in the neighborhood. He voted in favor of the Special Permit
provided that the parking be designed so that vehicles can enter into traffic facing
forwards rather than backing out.
R. Buscher concurred, finding that the use is listed; that the requested use
bears a positive relationship to the public good by providing additional housing
units to the ongoing need for housing in the City; that an additional two housing
units will not overload municipal systems; that although the existing two-family
dwellings that the applicant cited do not appear as obvious two-family houses, because
of their number (6), the addition of another two-family dwelling will not impair the
character of the neighborhood; that although placing the parking area off of Elm Street
necessitates three curb cuts within approximately a 95 foot stretch, it would be
preferable to negotiating access from Federal Street, where it would be closer in
proximity to several houses. He also voted in favor of the Special Permit with the
restriction suggested by P. Laband and with the requirement that the curb cut be
located equidistant from adjacent properties.
C. Maguire found that the use is liZed; that the requested use bears a positive
relationship to the public good for the reasons stated; that the requested use would
not overload municipal systems; that after walking the area, found that the two-family
dwellings cited by the petitioner were not outwardly apparant and the proposed structure
will be an obvious two-family structure, however, not out of character enough to
warrant denial of the permit; that because of the proximity of the adjacent driveways,
placement of a third curb cut would impair pedestrian safety and contribute to traffic
congestion. He voted to grant the permit only if a permanent property interest is
Decision Meeting - Teece/Ostrowski
PAGE 2
obtained for use of the present owners and any successors for an easement for the
existing driveway located on the adjacent property at 584 Elm Street, which must
be recorded at the Registry of Deeds.
F. Ostrowski expressed disappointment, noting that it is a mute point if four
cars exit from an existing or a newly cons tructed driveway. He also noted that a
single family dwelling with a driveway could be constructed by right.
Mr. Teece stated that they would attempt to negotiate with the new owner of
the adjacent property, Mr. Childers.
After some discussion, it was moved, seconded and voted unanimously to grant
the Special Permit conditional upon the applicants providing ingress and egress to
the parking area without creating an additional curb cut by obtaining an easement
in the form of a permanent property interest for use of the existing driveway located
on adjacent property at 584 Elm Street, Northampton. Upon obtainment of said easement,
the applicants shall design the parking area so that vehicles can enter traffic forward.
The meeting adjourned at 8:00 p.m. Present in addition to those mentioned,
was J. Parker, Board Secretary.
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DECISION OF
ZONING BOARD OF APPEALS
At a meeting held on June 5, 1985, the Zoning Board of Appeals of
the City of Northampton voted unanimously to gran. a conditional Special
Permit on the request of David Teece and Frederick J. Ostrowski, c/o
Alan Verson, 56 Main Street, Northampton to construct a two-family dwelling
on property located at 584 Elm Street, Northampton. Present and voting
were: Chairman Robert use er, Peter Laband and Charles Maguire.
The findings were as follows:
P. Laband stated that parking on this lqt would be visible from
Elm or Federal Street, depending on if it were located in the front
of the building or in the rear, and therefore, he has no opinion
regarding the placement of the lot, as long as the required spaces
are provided. Referring to Section 10.10, he found that the use is
listed in the Table of Use Regulations; that the requested use bears
a positive relationship to the public good as it will provide
additional housing to the City; that the amount of traffic generated
by two families on this road will be negligible; that the requested
use will not overload municipal systems; that Article XI does not apply;
and that the requested use does not impair the integrity of the char-
acter of the neighborhood and is in harmony with the intent of the
Ordinance, as there are other two family dwellings in the neighborhood.
• R. Buscher concurred , finding that the use is listed; that the
requested use bears a positive relationship to the public good by
providing additional housing units to the ongoing need for housing
in the City; that an additional two housing units will not overload
municipal systems; that although the existing two-family dwellings
that the applicant cited do not appear as obvious two-family houses,
because of their number (6), the addition of another two-family dwelling
.will not impair the character of the neightborhood; that although
' placing the parking area off of Elm Street necessitates three curb cuts
within approximat y a 95 foot stretch, it would be preferable to
negotiating access from Federal Street, where it would be closer in
proximity to several houses.
C. Maguire found that the use is listed; that the requested use
bears a positive relationship to the public good for the reasons stated;
J - hat the requested use would not overload municipal systems; that
Q L a• er walking the area, found that the two-family dwellings cited by
`C! .�� e petitioner were not outwardly apparant and the proposed structure
,� ill be an obvious two-family structure, however, not out of character
4
eillS.�� • enough to warrant denial of the permit; that because of the proximity
of the adjacent driveways, placement of a third curb cut would impair
0 pedestrian safety and contribute to traffic congestion.
The issuance of this permit is conditional upon the applicants
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obtaining an easement in the form of a permanent property interest
fto be recor e wi t e egistry of Deeds for use of the existing
driveway located on adjacent property at 584 Elm Street, Northampton
for e purpose of providing ingress and egress to the parking area
without creating a i iona curb cut. Upon obtainment of said
easement, the applicants shall design the parking area so that vehicles
can enter into traffic fac:inq fnrwsrUs ra her t backing out.
. .2
Teece/Ostrowski
Page 2
Robert C. Bus
ther, Chairman
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Peter Laband
harles ag i e
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