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23D-131 Do Not Writ,e In These Spaces Application Number: ' C %. a4 ked Filed Fee Pd. Rec'd. ZBA Map(s) Parcel(s) O .y sate — By :Date Date Amt. Date By Date .. 1 f 73' 11•1, tir. !,. t 4-by MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: NORTHAMPTON,MA.O1G Oheodore D. & Evelyn M. Towne 1. Name or p Address Whittier Street, Northampton, MA nlnhn 2. Owner of Property same as apove Address 3. Applicant is: klOwner; ❑Contract Purchaser; ❑Lessee; ❑Tenant in Possession. 4. Application is made for: ❑VARIANCE from the provisions of Section page of the Zoning Ordinance of the City of Northampton. 'SPECIAL PERMIT under the provisions of Section 5. 2 page S-2 of the Zoning Ordinance of the City of Northampton. ❑OTHER: Intersection of the Easterly side of Hinckley St. -and 5. Location of Property southerly side of Winslow Ave_ , being situated on Rae xiciemf Street; and shown on the Assessors' Maps, Sheet No. 23 D , Parcel(s) 131 6. Zone URB 7. Description of proposed work and/or use; Constrtictinn of 3 family home on lot containing 15,895 square feet of land. 8. (a) Sketch plan attached; ❑Yes No (b) Site plan:JEAttched El Not Required 9. Set forth reasons upon which application is based: The lot and the prnpnsed 1nratinn of the dwelling meet all of the requirements of the dimensional and density regulations. A three family dwelling is compatible with the existing uses in the area. 10. Abutters (see instructions; list on reverse side of form). 12. I hereby certify that information contained herein is true to the best my knowl e. Date February 7, 1986 Applicant's Signaturet.07w///,/r:4'///c: Assessor's Map 11. List of Abutters: Address Sheet No! '7`Parcel 1. Thomas M. O'Leary, 53 Warner Street, Northampt-nn, MA 23D 84' 41 Warner Street, 2. John M. Evans, Jr. & Helen L. Evans, Northampton MA 23D 85 3 Kerry R. Goulet, 80 Federal Street, Northampton, MA 23D 125 4 Linda C. Gaffney, 14 Winslow Ave. , Northampton, MA 23D 127 16 Winslow Ave. , 5. Richard I. , Jr. & Elizabeth M. Hillenbrand Northampton, MA 23D 128 _ 6. Velma Doherty, 18 Winslow Avenue, Northampton, MA 23D 129 20 Winslow Ave., 7 Henry A. & Madeline L. Perras, Northampton, MA 23D 130 73 Hinckley Street, 8. Leroy V. & Bernice M. Tacy, Northampton, MA 23D 132 59 Hinckley St. , g Walter M. & Elizabeth M. Cassado, Northampton, MA 23D 133 57 Hinckley St. , 10. Paul J. & Eleanore M. Duclos, Northampton, MA 23D 134 James A. Francis, Joan Kuver 80 Hinckley St., 11. Isabell Noonan, Elsie G. Diamond, Northampton, MA 23D 137 12. Joseph E. Desmarais, 64 Hinckley St. , Northampton, MA 23D 138 13. Monica F. Janes, 90 Hinckley St. , Northampton, MA 23D 139 98 Hinckley St., 14. Stephen C. Dostal & Diane M. Organ, Northampton, MA 23D 140 15. Jessie Nicol, 106 Hinckley St. , Northampton, MA 23D 141 11 Winslow Ave. , 16. Alan H. & Joyce L. Porter, Northampton, MA 23D 145 47 Winslow Ave. , 17 Leslie E. & Donna A. Akers, Northampton, MA 23D 146 105 Hinckley St. , 18. Harold Francis & Rita M. Duffy, Northampton, MA 23D 147 147 Maplewood Terrace, 19. Alwyn L. & Angela E. Fitzgerald, Northampton, MA 23D 160 James A. Bisceglia & 135 Maplewood Terrace, 20. Nancy E. Kane, Northampton, MA 23D 162 39 Winslow Ave. , 21. John F. & Susan E. Norton, Northampton, MA 23D 185 31 Winslow Ave. , 22. Gerald Hershkowitz & Beth Painter, Northampton, MA 23D 186 23. Gladys C. Powers, 91 Hinckley Street, Northampton, MA, 23D 187 24. Chester F. Brown, 97 Hinckley Street, Northampton, MA 23D 188 25. 26. 27. 28. 29. 30. (Attach additional sheets, if necessary) pap. v DECISION OF ZONING BOARD OF APPEALS • At a meeting held on April 7, 1986, the Zoning Board of Appeals of the City of Northampton, in a split decision, denied the Special Permit request of Theodore and Evelyn Towne, Whittier Street, Northampton, for the purpose of constructing a three-family dwelling on property located at the intersection of Hinckley Street and Winslow Avenue, Northampton. Present and voting were: Chairman Robert C. Buscher, Kathleen M. Sheehan and William Brandt. The findings were as follows: W. Brandt, referring to Section 10.10 of the Northampton Zoning Ordinance, found that the use is listed in the Table of Use Regulations as a Special Permit in that zone; that the requested use bears a positive relationship to the public convenience by providing additional needed housing in Northamp- ton; that three additional units would not create excessive traffic congestion or impair pedestrian safety; that three additional units would not excessively; overload municipal systems; that although he recognizes the problem with drainage, the construction of a single-family dwelling would create similar problems, and Mr. Towne is experienced to effectively address this issue; that Article XI does not apply; that the requested use would not impair the integrity of the district, noting the Planning Board's 6-0 affirmative vote. R. Buscher, also referring to Section 10.10, found that the use is listed in the Table of Use Regulations; that the requested use bears a positive rela- tionship by adding needed housing to Northampton, but would have a deleterious effect on the individual neighborhood, as a three-family dwelling would add approximately six vehicles to the number of cars presently using the heavily traveled streets, which have no sidewalks; that he observed cars using Hinckley Street as a short-cut (some at excessive speeds) and noted the presence of many children in the area, thus finding the requested use would create undue traffic congestion and impair pedestrian safety; that the requested use would not overload municipal systems, although given the soil conditions, any construction will result in drainage problems; that the requested,use would impair the character of the zone, as the character of the zone is predominantly single-family dwellings and the nursing home cannot be considered as similar to multifamily houses and cannot be considered in further altering the character of the neighborhood; and that, although the Ordinance allows for three-family dwellings in a URB zone with a Special Permit, it leaves the decision to the discretion of the Zoning Board. K. Sheehan found, after numerous site visits, that the use is listed in r,7 the Table -of Use Regulations with a Special Permit in a URB zone; that the t' ...y requested use bears a positive relationship to the public convenience; that, tt although she agrees that the addition of six vehciles might not create undue rn "`` traffic on con esti t� congestion, the proposed dwelling would be situated on a corner lot almost opposite the exit of the nursing home with cars parked along the side m of the road with no sidewalks present, and thus would create undue traffic c and impair pedestrian safety at that interesection; that, although she Zrecognizes the concerns of the residents regarding drainage, she also recognizes that Mr. Towne would construct a proper drainage system to Mddress the problem; that Article XI does not apply; that even though the ajority of homes in the area are single-family, she would not necessarily object to a three-family home in any other part of t area, but because of the congestion of the corner lot, feels that requ sted\ use would impair the integrity of the district. /./(' 17 Robert C. Buscher, Chairman William Brariete6wiaL Kathleen M. Sheehan