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23D-131 (3) .., \--5\ 4'4v:1, . a3 p D C g o V I DECISION OF r ;; SEP 2 3 1988 NORTHAMPTON ZONING BOARD OF APPEALS' - + .,_-....._ PT. OF BUILDING INSPECTIONS NORTHAMPTON,MA.01060 I At a meeting held on September 14 , 1988 , the Zoning Board of Appeals of the City of Northampton voted 2-1 (Mr. Weil) to DENY the Application of Theodore T. and Evelyn M. Towne for a Special Permit under the Provisions of Section 5 . 2 ( 3 ) of the Northampton Zoning Ordinance for the purpose of constructing a three-family dwelling at the intersection of Hinckley Sit and WiniJin a URB District. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. The Findings were as follows : The use requested is listed in the Table of Use Regulations as requiring a Special Permit in the URB Zone. As to whether the requested use bears a positive relationship to the public convenience and welfare, Mr. Weil had no comment, Dr. Laband found the question "arguable, " and Ch. Buscher found that a positive relationship existed because of the "creation of affordable housing. " The Board was divided on the issue of whether the requested use would create undue traffic congestion or impair pedestrian safety. Mr. Weil made several site visits and found traffic on Hinckley Street to be "negligible, " and traffic on Winslow Avenue "even less. " Dr. Laband thought the creation of three units of housing would make "no difference" to the traffic situation. Ch. Buscher felt that traffic "was quite busy, and there was excessive speed. Here, six more cars would create undue congestion. " The requested use will not overload any municipal systems. Mr. Weil did not comment on the issue of whether the requested use will unduly impair the integrity or character of the district. Dr. Laband felt that the neighborhood "is predominately one and two-family houses, and felt a three- family house was not in harmony with the neighborhood and would change the character of the neighborhood. He felt that the land need not "be developed to its absolute maximum load characteristic. " Ch. Buscher felt that on the issues of "Quality of life and quality of neighborhood, the • NORTHAMPTON ZONING BOARD OF APPEALS DECISION P 2 3I�.: THEODORE T. AND EVELYN M. TOWNE SE PAGE TWO U U Lam' DEPT.OF BUILDING INSPECTIONS NORTHAMPTON,MA.01060 Applicant falls short. Every lot need not be build to its maximum potential. To insert a three-family home here would change the character of the neighborhood. " Dr. Laband said he would look favorably on a re- application for a two-family home. He moved to deny the Application for a Special Permit, with the stipulation that Applicant be allowed to re-apply for a two-family house. Ch. Buscher seconded, and the motion to deny passed 2-1 (Ch. Buscher and Dr. Laband in favor, Mr. Weil opposed. ) Robert C. Buscher, Chairman Dr. Peter Laband M. Sanfcyrd Weil, Jr. { ii D11- Northampton Zoning Board of Appeals , SEP 2 3 1988 1I - September 14 , 1988 Meeting AU The Northampton Zoning Board of Appeals met a4117 : 05 p21119SP September 14, 1988 in Room 18 of City Hall to announce a Decision` on the Application of Theodore T. and Evelyn M. Towne for a Special Permit under the Provisions of Section 5 . 2 ( 3 ) of the Northampton Zoning Ordinance for the purpose of constructing a three-family dwelling at the intersection of Hinckley Street and Winslow Avenue in a URB District. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. Dr. Laband moved the minutes of the August 31st meeting be approved without reading, Mr. Weil seconded, and the motion passed unanimously. Mr. Weil stated he had driven up and down Hinckley Street numerous times , and found traffic on Hinckley St. to be "negligible, " and traffic on Winslow "even less . " He could not see why the Special Permit should not be granted, and said he would vote in favor. Dr. Laband went to the Section 10 . 10 criteria for granting a Special Permit, and found that the requested use is listed in the Table of Use Regulations as requiring a Special Permit, felt the issue of "positive relationship to the public welfare" was "arguable, " thought there would be "no difference" in the traffic, found no deleterious effect on any municipal system, but had a problem with whether the requested use would "unduly impair the integrity or character of the district. " He also drove up and down both streets, and found the area "predominately one and two-family houses. " For that reason, he felt the proposed three- family house was not in harmony with the neighborhood and would change the character of the district. He said he would vote to deny, but would look favorably on a re-application for a two- family home. He felt that land need not be "developed to its absolute maximum ' load characteristic. '" Ch. Buscher also ticked off the Section 10 . 10 criteria, essentially agreeing with Dr. Laband, but finding a positive relationship to the public welfare in the creation of affordable housing, but on the issue of "Quality of life and quality of neighborhood, the Applicant falls short. Every lot need not be built to its maximum potential. " He disagreed with Dr. Laband and Mr. Weil on the traffic issue, finding on his visits that "it was quite busy, and there was excessive speed. Here, six more cars would create undue congestion. " He agreed with Dr. Laband that, to insert a three-family here would change the character of the neighborhood. Dr. Laband moved the application be denied, with the stipulation that Applicant be allowed to re-apply for a two-family home. Ch. Buscher seconded, and the motion to deny passed 2-1 (Weil) . Robert C. Buscher, Chairman WE Northampton Zoning Board of Appeals SEP 2 3 1988 IN August 31, 1988 Meeting nr2T OF H!!ft W'!C INSPECTIONS The Northampton Zoning Board of Appeals met at 8 : 30 p. m. on August 31 , 1988 in Council Chambers , Wallace J. Puchalski Municipal Building to conduct a Public Hearing on the Application of Theodore T. & Evelyn M. Towne for a Special Permit under the Provisions of Section 5 . 2 ( 3 ) of the Northampton Zoning Ordinance for the purpose of constructing a three-family dwelling on a 15 , 895 square foot lot at the intersection of Hinckley St. and Winslow Ave. in a URB District. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. Ch. Buscher opened the Public Hearing by reading the Application, the Legal Notice as published twice in the Daily Hampshire Gazette, Section 5 . 2 of the Northampton Zoning Ordinance which states that a three-family house in a URB District requires a Special Permit, Section 10 . 10 ( 3 ) of the Northampton Zoning Ordinance, a memorandum from the Northampton Planning Board informing the ZBA of their unanimous recommendation to deny this Application, a letter in opposition from an abutter, Mr. Perras , and a letter in opposition from City Councilor FitzGerald. Atty. Thomas Growhoski appeared for the Applicant, and related how the ZBA originally heard this case on April 7 , 1986 and denied the Application. Mr. Towne appealed in Superior Court, and the case came up in August of 1988 , at which time Mr. Towne dismissed the appeal, feeling he could convince this Board to grant the Special Permit for which he had reapplied on June 15 , 1988 . He read highlights of the Board' s 1986 Decision, and touched upon their "negatives . " On the traffic issue, he said he had visited the locus on five different occasions at different times of the day, and "found very little traffic on Hinckley. I think the impact of adding six cars , only four more than a one-family would add, would be minimal. " Regarding "Impairing the character of the neighborhood, " Atty. Growhoski said that Hinckley St. is . 7 miles long, and has seven multi-family houses on it, one only 100 ' from Mr. Towne ' s site, one 200 ' , and one 550 ' . Six of the seven homes are within 800 ' of the site. He said the existing multi-family dwellings have no detrimental effect on the neighborhood, and Mr. Towne ' s building will add to the neighborhood. As to the allegation that a corner lot would create traffic congestion, he said the driveway is on Winslow,then people would enter Hinckley. Traffic will not be entering Hinckley from the property. He said "drainage" was an issue in 1986 , and that a drainage system would be designed by a registered engineer. Atty. Growhoski said that, in the absence of compelling reasons, ESEP 2E EO 3l988 Vf -, Northampton Zoning Board of Appeals August 31 , 1988 Meeting �� Page Two DEPT. OF BUILDING INSPECTIONS nJ!lr ri 'Pr'Ir'1i "!Il!, the Special Permit should be granted. He cited the following statistics : -The lot is 15 , 895 SF, where only 13 , 000SF are required. -Required frontage is 80 ' , he has 110 ' on Hinckley -Depth of lot required is 100 ' , he has 144 ' -Building coverage maximum is 30%, this house covers only 10 . 5% -50% Open space is required, this will have 60+% . "We meet and exceed all the requirements. This house fits and will add to the area. " He then went through the Section 10 . 10 criteria that must be met to permit granting a Special Permit: 1 . The requested use is listed in the Table of Use Regulations . 2 . The creation of housing bears a positive relationship to the public good. 3 . Six cars will not create undue traffic congestion. 4 . There will be no overload of municipal systems. 5 . Article XI does not apply. 6 . This building will not unduly impair the character of the district. Atty. Growhoski continued, " The argument last time was that Hinckley is a short-cut. Not so--Federal is a short-cut, but not Hinckley. Based on personal observation, I see no traffic safety problem. I can understand the neighbors ' uneasiness, but this will add to the neighborhood. In the last two years, affordable housing has disappeared--our kids can' t afford to live here. We must make the best use of property where zoning allows multi-use. This is appropriate. " No one present spoke in favor of the application, and the following people rose to speak in opposition: Paul Duclos, 53 Hinckley St. (an abutter, four parcels to the South) . He said the neighbors have the same arguments as Coun. FitzGerald. He described Hinckley St. as "not a short-cut, it ' s a playground. " He said, "There are no sidewalks in Baystate except for Riverside Drive. " He mentioned a child traffic fatality two years ago, and said a three-family house would bring six cars plus a lot of visitors, and the accident potential was "too great with 50-75 kids using the street for a playground. " He suggested the Applicant build a one or two-family house, but not three. Alwyn FitzGerald, 147 Maplewood Terr. stated that the multi- family homes on Hinckley are all converted from stately one- family homes , "not new ones squeezed in. There are no two-family homes on Maplewood. This is a change in the neighborhood that ' s not needed. " Northampton Zoning Board of Appeals SEP 2 �9 August 31 , 1988 Meeting Page Three I nr'T,(fir PUi ntN!;! !cPF!r*tnFMS Louis Moore, 135 Maplewood Terr. said all the streets in the area . are very narrow and without sidewalks . "When a car is parked, two cars can' t pass. There ' s not a nice, neat grid where traffic can move easily. All the requirements of Section can' t be met. " Susan Norton, 39 Winslow Ave. agreed with Mr. Moore. "Adding that many more cars increases the danger to children crossing the street. " Louis Brazeau, 58 Hinckley St. claimed that a lot of traffic from Florence uses Hinckley to get to Riverside. He said there were a lot of retired people in the neighborhood who went for walks on the streets , plus a nursing home at the foot of Winslow that generated foot traffic. He added, "Additional traffic would increase danger to the kids. Also, drainage from the large parking lot would be dumped into the street--this area is very swampy and this would increase the mosquito problem. " Atty. Growhoski countered with the following points: "It' s important to keep the scope of this project in mind. It ' s one dwelling, three units , a small project with minimal impact on the area. There is no substantial evidence that traffic is a problem. Old homes converted to two-family homes are no different than building one. Up the hill it ' s single-family, but Hinckley and below has many multi-family homes. The nursing home is not a factor. Drainage will be improved. This is a good and valid use of the land. " Dr, Laband asked why the appeal wasn' t pursued, and Atty. Growhoski replied, "They would have remanded it back here anyway. " Ch. Buscher agreed, but added, "Yeah, but maybe with a hint that we were in error, or arbitrary. " Atty. Growhoski went on to say, "I spent a lot of time in the neighborhood, and I don' t see this detracting from it. I am concerned about the cost of housing. We can' t be "NIMBY" . The Ordinance says three- families are OK with a Special Permit, and I see no compelling reason to deny. " Ch. Buscher countered that, "This is market- rate housing, not subsidized. " Mr. Weil felt that we need more rental housing than we have, and that "supplying rental housing is a definite plus factor. " Atty. Growhoski urged the Board to look at the site and the traffic. "This is not going to change the character of the neighborhood. " Mr. Towne spoke briefly, and said that this project versus a one family on such a large lot is a case of six bedrooms versus four. He said that, if the Special Permit were granted, he would "present three architectural drawings of different styles and let the neighborhood decide what they preferred. " He said he would use the best quality materials, provide meticulous landscaping, Northampton Zoning Board of Appeals August 31 , 1988 Meeting Page Four and extend the existing storm drain to his property. He added, "I will not create a hazard to children. I will work with the neighbors , " Mr. Brazeau asked, "If Mr. Towne gets a Special Permit, and builds this house, wouldn' t that tend to set a precedent?" Ch. Buscher replied that it very well might, but Atty. Growhoski protested that "each case is heard on its merits. " Dr. Laband moved to close the Public Hearing and take the matter under advisement. Mr. Weil seconded, and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci. , Board Secretary. Robert C. Buscher, Chairman g E E tl..W. n SEP 2 3 1988 B it DENoROTBAUmiaO;i Mis01060y II_ II