23D-131 (6) P t- 6- L-
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DECISION OF / °C 6 . t
NORTHAMPTON ZONING BOARD OF APP. . y
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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
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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