72 Lake St response 2019-08-05Michelle Serra
68 Lake Street
Florence, MA 01060
Re: 72 Lake Street
17A-242
Zoning Complaint
August 5, 2019
Ms. Serra,
The original deck was part of a job done in 2010. It was renovated in 2014. The permit for the addition and additional deck was issued in 2018.
The original deck was attached to the existing garage. The setbacks for an accessory structure (sheds, garages, etc.) is, and was at that time, 4' from the side lot line. The ordinance
also allows an addition to an existing structure that does not meet setback requirements provided it (a) does not project past the existing structure and (b) does not extend more than
5' into the required setback (see attached URB table of use and dimensions and see 350-9.3 A-5).
Beyond Northampton's zoning ordinance, state law GL 40A section 3 states "No dimensional lot requirement of a zoning ordinance or by-law, including but not limited to, set back, front
yard, side yard, rear yard and open space shall apply to handicapped access ramps on private property used solely for the purpose of facilitating ingress or egress of a physically handicapped
person, as defined in section thirteen A of chapter twenty-two."
The state zoning statue, GL 40A, is available here:
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40A
The city's zoning ordinance, Chapter 50, is available here:
https://ecode360.com/11957318
I have attached additional information and the zoning use and dimension table on separate sheets.
I have determined that the deck on the back of the garage in 2010, the renovations to the deck in 2014 and the addition to the house in 2018 meet zoning requirements. I will take no
action on this complaint.
You have the right to appeal this decision in accordance with M.G.L Chapter 40A, §§ 8 and 15. You can contact Carolyn Misch in the Planning Office at (413) 587-1240 or cmisch@northamptonma.gov
for information about filing an appeal.
Respectfully,
Louis Hasbrouck
Building Commissioner
City of Northampton
lhasbrouck@northamptonma.gov
(413) 587-1240