31B-285 (23) REbEIVEn-I ECOROEO
Nri 31 123 `$5 's8Q
DECISION OF REGIS i nl t.i
NORTHAMPTON ZONING BOARD OF APPEALS
At a meeting held on June 8, 1988, the Zoning Board of
Appeals of the City of Northampton voted unanimously to
I' GRANT the request of Edward DeVarennes for a Variance from
the Provisions of Section 6 . 2 of the Northampton Zoning
Ordinance regarding minimum lot area, minimum lot width, and
lot frontage, for the purpose of constructing a three-story
building on a vacant lot at 100 King Street, Northampton,
MA. Present and voting were Chairman Robert C. Buscher, Dr.
Peter Laband, and M. Sanford Weil, Jr.
The Findings were as follows:
The Variance is requested for a specific parcel of
land, 100 King Street, Northampton, MA.
is
There is a circumstance relating to the shape and
topography of the land that is unique to this parcel, and
does not affect generally the district in which it is
located, namely: This is the only vacant lot on King
Street.
Literal enforcement of the Ordinance would involve
substantial hardship to the petitioner, in that he was
granted a Special Permit in 1980 by this Board to construct
a building, but because of economic factors, did not .
Since he had been given permission to build the structure,
he felt that letting the Special Permit lapse would not
cause irreparable damage, feeling confident that he could
reapply for and be granted a Special Permit again.
Subsequent to 1980, the Zoning of this parcel was changed to
Neighborhood Business, and Applicant now needs a Variance,
not a Special Permit.
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DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS RE:
DEVARENNES, PAGE TWO
Granting the request would not substantially derogate
from the intent and purpose of the Ordinance.
THE FOLLOWING CONDITIONS SHALL APPLY:
1. The dimensions on the "Construct Associates, Inc.
Plan dated 2/26/88" be verified as accurate, and when
construction is complete, there must be 23% open space on
the lot.
2. The surface of the parking lot to the rear of the
structure is to be pervious compacted crushed stone, and not
bituminous pavement of any type.
3. The structure is to be sited far enough back on the
lot so as not to impede light and air to the abutter to the
immediate North.
Robert C. Buscher, Chairman
Dr. Peter Laband
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i Y rt,
M. Sanford Weil, Jr.
Rec ivPd at City L' _r!'s Office
!›-ST'
Time/ �•; � ; March 30, 1989
I, Adeline Murray,City Clerk of the City of Northampton, hereby
certify that the above Decision of the Northampton Zoning Board of
Appeals was filed in the Office of the City Clerk on June 16, 1988,
that a Complaint was filed with the Hampshire County Superior. Court
(Civil Action No.88-193 )and received in the City Clerk ' s Office on
June 21, 1988, that a Stipulation of Dismissal (see attached)
was filed in the City Clerk 's Office on March 30, 1989
Attest • Q�G1��
A eline M r. . y
City Clerk
City of Northampton
• -.
( ominonturalth of ± 1 issarhusctts
HAMPSHIRE SUPFICR COURT
SS. Nor� L iL,l�,o CLERK
HAMPSHIRE,
SUPERIOR COURT
DEC 30 I? 22 it 'BB CIVIL ACTION
No, 88-193
ALICE MELNIK
, Plaintiff is)
STIPULATION OF DISMISSAL
EDWARD de VARENNES: CITY
OF NORTHAMPTON ZONING BOARD OF
APPEALS , Defendant (s)
The parties to the above-entitled ac'tion, pursuant to the rovisions of Mass. It. Civ. P. 41 (a)
(1) (ii), hereby stipulate that said action be dismissed.
Dated• /2 27-J Y f Attorney for Plaintiff
/ Patrick Melnik
Address 110 King Street
Northampton, MA 01060
Tel. No. (413) 586-6750
l /
Attorney for Defendant
Timothy F. Washburn
Address 8 Crafts Avenue
Northampton, MA 01060
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Tel.No. 413-584-7271
/ 1K.4 '77 -2 /
Att nev for Defendant ,
` \—t Cit. of Northampton Zoning
c, f ,,,y. .,,_ .. Board of Appeals
II