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' Legal Department
586-6950
Maureen Ryan-Wise, Esq.
City Solicitor
Harry Jekanowski, Jr., Esq.
Assistant City Solicitor
MEMO
To: Thomas Brushway, Acting Chairman, Zoning Board of Appeals
From: Legal Department, Assistant City Solicitor
Re: Decision on Appeal of Irwin Brady
Date: April 16, 1980
• In the decision of the Zoning Board of Appeals regarding the above matter, it
was stated that "the Building Inspector acting in good faith erred in granting
the building permit at 41 Main Street, Florence."
Before this Department will write the decision in legal form, it must be spelled
out how, the Building Inspector erred, what section, and the law involved. Fur-
ther, it must be clarified how and to what future growth is to be limited at the
site in question.
If you have any questions, please contact me at my office in City Hall. ,'
HJ:mlm
•
cc: Arthur Zinkin, Associate
Raymond Capers, Associate
Cecil Clark, Building Inspector?/
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NU -.J 11P1' LTUN t3VE;xU Ut ERFFtli LJ
Decision on Appeal of Irwin
Brady
March 26 , 1980
The Board of Appeals met in the Council Chambers, Municipal Office j
Building, at 7 :00 PM, March 26 , 1980 ,E to decide 'on Irwin Brady ' s appeal
of the Building Inspector ' s issuance of a building permit for property j
at 41 Main Street , Florence. The Board was composed of Thomas Brushway,
Acting Chairman, Arthur Zinkin, and Raymond Capers , Associate.
The minutes of the public hearing, held on February 27 , 1980, were
approved as read.
Mr. Brushway read a letter, dated March 4 , 1980 , from the Building
Inspector in which he defended his actions in issuing the building per-
mit to Dr. George Falk for the property in question.
After discussion on the legality of the building permit, parking,
and occupancy of the apartment in the building, Mr. Capers made the j
following findings:
(1 ) The Building Inspector, although acting in good faith, erred
in granting the building permit for the property at 41 Main
Street, Florence.
( 2) Substantial hardship and expense would be imposed on the owner,
Dr. Falk, if he were ordered to remove the building, or any
portion of it, and removal would be an impractical solution
to the situation. Also, it has not been clearly shown that
erection of this structure has had any significant deleterious
effects on the applicants , nor is it clear what relief the
applicants are seeking, other than strict enforcement of the
Zoning Ordinance, which again, in this case, is impractical .
Mr. Brushway and Mr. Zinkin agreed with these findings.
The Board then voted unanimously to grant Mr. Brady' s appeal and
imposed the following conditions:
(1) Dr. George Falk must apply for a special permit to use the
lot across the street for parking.
1.//( 2) Future growth at the site is to be limited.
(3) The apartment in the building is to be maintained as a bona-
fide dwelling unit. ,
(4) If, as Atty. Cleversey claimed, no Certificate of Occupancy
has ever been issued for the apartment , then the Building
Inspector must order Dr. Falk to apply for the necessary
permit.
The meeting was adjourned at 7 :30 PM. Present, in addition to the
Board members , were Atty. Cleversey, representatives of the news media,
Clare Fennessey, Clerk, and three interested citizens.
:z_/.. . , (41..f..4 .-'7_,1,----".4-1 .
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Tihoma`s'Brushway 11'
Acting Chairman
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DECISION OF THE c 3/ 1- 79
ZONING BOARD OF APPEALS
At its meeting on March 26, 1980, as amended on May 14, 1980, the Zoning
Board of Appeals for the City of Northampton voted unanimously to grant the
appeal of Irwin Brady regarding the Building Inspector's issuance of a building
permit for property located at 41 Main Street, Florence, Massachusetts.
Based upon the evidence presented to the Board, the Board made the follow-
ing findings in regard to the appeal:
1. That the Building Inspector, although acting in good faith, erred
in granting the building permit for the property at 41 Main Street,
Florence, since substitution of the 6 foot fence for the 30 foot
buffer strip was not in accordance with section 6.5, page 6-5 of
the Zoning Ordinance, adopted on July 22, 1975 and amended on
April 28, 1978, and December 6, 1979, which requires 'a solid wall
or fence, not to exceed 6 feet in height, complimented by suitable
plantings' .
2. The dimensions of the parking spaces, according to Article II,
page 2-12, and the number of spaces required for a medical/dental
office (one per each 200 square feet of gross floor area) are not
in compliance with the requirements of the Zoning Ordinance.
3. Substantial hardship and expense would be imposed on the owner,
Dr. Falk, if he were ordered to remove the building, or any por-
tion of it, and removal would be an impractical solution to the
situation.
4. It has not been clearly shown that the erection of this structure
has had any significant deleterious effect on the applicants, nor
is it clear what relief the applicants are seeking, other than
strict enforcement of the Zoning Ordinance, which in this case is
impractical.
The Board then unanimously voted to grant the appeal of Mr. Brady imposing
the following conditions:
1. Dr. George Falk must apply for a special permit to use the lot
across the street for parking.
2. Future growth at the site must meet all the requirements of the
Zoning Ordinance.
3. The apartment in the building is to be maintained as a bonafide
dwelling unit .
4. If no Certificate of Occupacy has ever been issued for the apart-
ment, the Building Inspector must order Dr. Falk to apply for the
necessary permit.
(Over)
_2_
I '
OM StBRUSHIWAY, ACTING CHAIRMAN"
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RAYMOND CAPERS r
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INSPECTOR 212 Main Street o Municipal Building 5q%us
`�
Northampton, Mass. 01060
March 4, 1980
Zoning Board of Appeals
Northampton, Mass.
Re: George Falk, 41 Main Street, Florence, Mass.
In reference to the above premises, I wish to restate my claim
that this office has never had a complaint that was not attended
too. I do not deny, as Mr. Clevensey stated, that many attorneys
have investigated these permits. however, none have found any
discrepancies with the exception of minor problems as gutters,
etc. Mr. Welch's opinion was based on the Gazette's articles,
which appear to have been unfounded.
Mr. Clevenseys' only complaint appears to be the parking. his
own Exhibit "B" claims that when this building is fully occupied,
it would require 17.5 parking places. This building is now only
3/4 occupied.
It is my opinion, that depending on future use, it may become Inec—
essary for Dr. Falk to obtain a Special Permit for off-premise
parking that he now maintains, re: Section 8.7, page 8-6 of the
Northampton City Ordinance, adopted July 22, 1975, amended April
28, 1978 and December 6, 1979.
Sincerely, ,
'9/) ; ',
L y%
—Cecil I. Clark
BUILDING INSPECTOR
CIC/lp
211
EXISTING FACILITY
41 Main Street, Florence, Massachusetts
TOTAL LOT AREA: 7330. 0 sq. ft.
Less 5% open Land space (Art. VI, §6.2) : 366. 5 sq. ft.
Remaining lot area: 6963r5 sq. ft.
TOTAL LAND AREA OF EXISTING BUILDING: 3216.0 sq. ft.
By two (2) levels: x 2
Total Gross Floor Area: 6432.0 sq. ft.
Less Apartment floor area: 600.0 sq. ft.
Total Gross Business Floor Area: 5832. 0 sq. ft.
REQUIRED PARKING PURSUANT TO ART. VIII, §8. 1:
5832.0 equals number of spaces required
200 for business portion of building: 29. 16
Plus spaces required for apartment portion: 2.00
Total spaces required: 31. 16 spaces
(ART. II, §2. 1 requires 300 sq. ft. /space. )
(Each space (.! 91x201 , or. 180 sq. ft. per auto)
(plus 120 sq. ft. per space maneuvering.
TOTAL PARKING AREA REQUIRED:
31. 16 spaces 0 300 sq. ft. per space. 9348. 0 sq. ft.
MAGNITUDE OF EXISTING VIOLATION
Required parking for existing facility: 9348.0 sq. ft.
Total lot area: 7330. 0 sq. ft.
2018. 0 sq. ft.
REQUIRED LOT FOR EXISTING BUILDING:
Land a •ea for building: 3216.0 sq. ft.
Required parkin;; for existing building: 9348.0 sq. ft.
5% Open land space requirement: 691.0 sq. ft.
13255.0 sq. ft.
4.P11 A. PACELLA
'CORNEY AT LAW EXISTING LOT IS ONLY 55% OF THAT LOT REQUIRED FOR EXISTING
STATE STREET
1INGFIELD. MASS. BUILDING.
1
01103
EL. (413) 781-0051 I' /9
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MAXIMUM ALLOCATION
41 Main Street, Florence, Massachusetts
TOTAL LOT AREA: 7330.0 sq. ft.
Less 5% opea space (Art. VI, §6.2) : 366.5 sq. ft.
Remaining lot area: 6963.5 sq. ft.
MAXIMUM GROSS FLOOR AREA (Art. II, §2. 1) : 1740. 9 sq. ft.
Maximum gross floor area (x) two levels: 3481.8 sq. ft.
PARKING SPACES REQUIREMENT (Art. VIII, §8.1) :
3481.8 equals 17.5 parking spaces
200
Each parking space : 91 (x) 20' equals 180 sq. ft. / auto
Required for maneuvering 120 sq. ft.
Total required for each vehicle: 300 sq. ft.
(Art. II, §2. 1)
TOTAL PARKING AREA REQUIRED:
17. 5 parking spaces (x) 300 sq. ft. / space : 5222.6 sq. ft.
Plus total land area for building: 1740.9
Plus 57 open land space : 366.5
7330.0 sq. ft.
NOTE: THE EXISTING BUILDING IS 185% OF THAT SIZE OF BUILDING
ALLOWED BY LAW TO BE ON 41 MAIN ST. , FLORENCE, MASSACHUSETTS.
.EPII A. PACELLA
TORNEY AT LAW
<STATE STREET
IINQFIELD. MASS.
01109
:iL. (418) 781-0051