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23D-131 (6) P t- 6- L- iz DECISION OF / °C 6 . t NORTHAMPTON ZONING BOARD OF APP. . y elm n 1411444 At a meeting held on September 20 , 1989, the Zoning Board • Appeals of the City of Northampton voted unanimously to grant the request of David M. Clark for a Special Permit under the Provisions of Section 5 . 2( 3) of the Northampton Zoning Ordinance to allow construction of a two-family dwelling in a URB District at the corner of Hinckley Street and Winslow Avenue. Present and voting were Chairman Robert C. Buscher, M. Sanford Weil, Jr. , and William Brandt. The Findings were as follows: The requested use is allowed by Special Permit under the Provisions of Section 5 . 2 ( 3 ) of the Northampton Zoning Ordinance. The requested use bears a positive relationship to the public welfare. The requested use will not create undue traffic congestion or unduly impair pedestrian safety. The requested use will not overload any municipal systems. The requested use will not unduly impair the integrity or character of the district, (there are at least seven other two-family homes on Hinckley Street) ,and is in harmony with the general purpose and intent of the ordinance. Robert C. Buscher, Chairman M. Sanford Weil, Jr. - Cit/ William Brandt Northampton Zoning Board of appeals September 20, 1989 Meeting The Northampton Zoning Board of Appeals met on Wednesday, September 20, 1989 in Council Chambers , Wallace J. Puchalski Municipal Building, to announce a decision on the Application of David M. Clark for a special Permit under the Provisions of Section 5 . 2 ( 3 ) of the Northampton Zoning Ordinance to allow construction of a two- family dwelling in a URB District at the corner of Hinckley St. and Winslow Ave. Present and voting were Chairman Robert C. Buscher, William Brandt, and M. Sanford Weil, Jr. Mr. Brandt found that the requested use is allowed by Special Permit under the Provisions of Section 5 . 2 ; the use bears a positive relationship to the public welfare in that it adds two units to the city' s housing stock; a two-family creates only one unit more than is allowed by right, and found traffic congestion and pedestrian safety not to be a problem; he found no overload of municipal systems, and did not feel that the requested use would impair the integrity of the zone, since it is well-documented that there are at least seven other two-family homes on Hinckley St. He stated, "I ' ll vote in favor of this request. " Mr. Weil said, "When they were before us for a three-family here, I supported it. I will not oppose a two-family. " Ch. Buscher said that he concurs with his colleagues. "There is a need for housing, Hinckley has a number of two-family houses, and one three-family. Although the Hinckley-Winslow neighborhood is predominately one-family, there are certainly plenty of multi- family. A one-family is not in the cards for this lot, and a two- family is a most appropriate use. " Mr. Weil moved the Special Permit be granted. Mr. Brandt seconded, and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman . • CE1VE Northampton Zoning Board of Appeals OCT 1989 August 30 , 1989 Meeting Page One DEPT. INSPECTIONS NORTHAMPTON,MA.01060 The Northampton Zoning Board of Appeals me at 7 : 45 p. m. on Wednesday, August 30, 1989 in Council Chambers, Wallace J. Puchalkski Municipal Building, to conduct a Public Hearing on the Application of David M. Clark for a Special Permit under the Provisions of Section 5 . 2( 3 ) of the Northampton Zoning Ordinance to allow construction of a two-family dwelling in a URB District at the corner of Hinckley Street and Winslow Avenue. Present and voting were Chairman Robert C. Buscher, William Brandt, and M. Sanford Weil, Jr. Ch. Buscher opened the Public Hearing by reading the Application, the Legal Notice, a memorandum from the Northampton Planning Board, relevant sections of Sections 5 . 2 and 6 . 2 , and the Section 10. 10 criteria. Atty. Thomas Growhoski appeared to represent the Applicant. He said he has been before this Board on three prior occasions with this site--twice as a three-family proposal, and once as a two- family, which was withdrawn. He said the proposed house will be a two-story Cape, side-by-side duplex with two entrances, four parking spaces, and a retention/detention area at the rear. He described Winslow as being mostly one-family homes, and Hinckley as mostly two-family homes. He called the corner lot "an ideal site for a two-family, actually a rare site. This is a well thought out plan. We meet or exceed all requirements. We will add to the neighborhood and to the city' s housing stock. This bears a positive relationship to the public welfare, four cars will not unduly affect traffic or pedestrian safety, there is no overload of any municipal systems, and granting the Special Permit will not impair the character of the neighborhood. It is not detrimental- -the use is in harmony with the intent of the Ordinance. " Mr. Brandt was concerned about the closeness of this project to the Perras residence, just downhill on Winslow. It was determined that the distance between the parking lot and the Perras residence is about 45-50 feet. Mr. Clark said he tried to leave all the trees in place when designing the layout. Mr. Growhoski reiterated that "traffic is not an issue. " There was no one else to speak in support of the Application, and when opponents were called for, Bob Fry, 31 Winslow Avenue rose to speak. He said he "feels a two-family will be a problem. Winslow Ave. is narrow and has no sidewalks. Any two-families in the neighborhood tend to be owner-occupied. It' s a very quiet neighborhood. This house may have college students, and more than four cars. I 'm concerned. " Mr. Weil asked Mr. Clark if he intended to occupy the house, and was told, "No, but I plan to sell it after it' s built, probably to an owner-occupant, since investors typically don' t buy two-family homes. " Atty. Growhoski pointed out that Mr. Clark "is a lifelong Northampton resident, and will take Northampton Zoning Board of Appeals August 30 , 1989 Meeting Page Two care of the property. " He summarized, "A two-family is allowed by Special Permit; this fits the character of the neighborhood; it' s an ideal site, and I urge the Board to approve this . We meet the criteria. " There being no else wishing to speak, Mr. Brandt moved the Public Hearing be closed, Mr. Weil seconded, and the motion passed unanimously. All three members felt they wanted to visit the site, and it was concluded that these three members would all be available to render a decision at the September 20th meeting. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman CITY OF NORTHAMPTON $" ' 4k ZONING BOARD OF APPEALS $�1 tih iiej E".� *'o / r �.,, NORTHAMPTON, MASSACHUSETTS 01060 i�N DATE: au - : 1fl89 RE: THE APPLICATION OF DAVID M. CLARK FOR A SPECIAL PERMIT TO ALLOW CONSTRUCTION OF A TWO-FAMILY DWELLING AT THE CORNER OF HINCKLEY ST. AND WINSLOW AVE. 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 Special Permit. 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. Robert C. Buscher, Chairman 04, CITY OF NORTHAMPTON ZONING BOARD OF APPEALS M,c>aM.�� NORTHAMPTON, MASSACHUSETTS 01060 DATE: OCT -- 1QP9 Certificate of Granting of Variance or Special Permit (General Laws, Chapter 40A, Section 11) THE ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT A VARIANCE OR SPECIAL PERMIT HAS BEEN GRANTED: TO: DAVID M. CLARK ADDRESS: ROCKLAND HEIGHTS ROAD CITY: NORTHAMPTON, MA 01060 AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR BUILDINGS AT: CORNER OF HINCKLEY ST. AND WINSLOW AVE. , NORTHAMPTON, MA. And the said Zoning Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance/Special Permit, and that copies of said decision, and all plans referred to in the decision, have been filed with the City Clerk. The Zoning Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 ( last paragraph) provides that no variance 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 in the Office of the City Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index 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. ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON By: By: Chairman Secretary