23D-004 (6) /L c/
`
) ? D — cf-
ar tk'4 tr y J�( 'b
ETC
�F
CITY OF NORTHAMPTON
MASSACHUSETTS
JAM=S C. 0 Ov!K NELL
CITY SOUCi TCR
BOARD OF APPEALS DECISION
THOMAS P. NAGLE,JR. _
.ASSISTANT CITY SOLID TOR
IN RE: The petition of Michael Subocz for a variance and a
special permit.
On May 26, 1976, Michael Subocz requested that his petition
for a variance as published in the Daily Hampshire Gazette on
May 12 and May 19, 1976 be withdrawn, which permission was granted.
This is the decision of the Board of Appeals of the City
of Northampton on a petition filed by Michael Subocz for a
variance from the requirements of section 6, dimensional and
density regulations of chapter 44 of the City Ordinances of
Northampton ampton and a petition for a special permit under section 5
paragraph 2 of chapter 41+. The premises affected are situated
between South Main Street and Nonotuck Street, and designated as
rcel L,., sheet no. 23D of the tsessors' Plan of the City of
Northampton and are known as 15 Nonotuck Street .
Public notice had been published in the Daily Hampshire
Gazette on June 9 and June 16, 1976. The Planning Board filed
an opinion that requested that the application be denied.
The public hearing on the petition of Michael Subocz, 15
Nonotuck Street, for a variance to convert a single—family home
to a two—family home, and for a special permit, was called to
order at 8 :00. PM, June 23 , 1976 in the old Council Chambers,
City Hall, by the Chairman, Charles W. Dragon.
David Teece, College Highway, Southampton,MA, spoke for the
petitioner. He said that he plans to buy the nine room home and
convert it into two apartments, using one for himself and renting
the other to his sister. He said 'that the house at one time
had been used as a boarding house and a gasoline station, and
the present owners had operated a store on the premises. He
took issue with a Planning Department memo which stated that the
property is too small to accommodate a two—family home since it
contains only 5200 square feet, saving that the property was
large enough for business, therefore it should be large enough
for residential purposes.
He said that more problems would result from a large family
•
r
—2—
occupying the house than from his proposed use. He also
contended that a hardship exists because the lot is small and it
is impossible to acquire more land to make up the difference.
He does not think that the neighborhood will be adversely affected
by the proposed use.
Peter Subocz, Lexington Avenue, spoke in favor of the
petition. He said that the house cannot be sold without the
variance, and his father, the present owner, cannot maintain
the property. Asked if the house had been placed on the market,
he said that it had not.
Mr. Dragon asked if the home would have two separate en-
trances for the two apartments, and Mr. Teece replied that
it would.
No one spoke in opposition.
The Chairman reminded Mr. Teece that he must comply-
with the present zoning ordinance which requires at least 12 , 000
square feet of land for a two—family home in a URB district, in
addition to certain setback requirements.
Mr. Brushway asked about parking spaces, and Mr. Teece
said that there are two spaces in addition to the driveway and
GarGge.
In answer to a question from Mr. Gervais about the amount
of space inside the home, Mr. Teece said that he had not checked
it .
Continuing with his presentation, Mr. Teece said that there
would be no taxing of municipal facilities.
The Chairman commented that the biggest problem here is that
the property lacks the required amount of square footage.
The Board then took the matter under advisement after
telling the petitioner that the site would be viewed in the near
future.
The hearing was adjourned at 8:10 PM. Present were
Charles W. Dragon, Chairman, Thomas Brushway, and Eric Gervais.
Also present were David Teece, Michael Subocz, Peter Subocz,
Lauren McCartney of the Daily Hampshire Gazette, Clare Fennessey,
Clerk, and three interested citizens.
The meeting to decide on the applications of Michael Subocz,
25 Nonotuck Street, for a special permit and a variance to
convert a single—family home to a two—family home, was called to
order at 8: 00 PM, July 14, 1976 in the old Council Chambers,
City Hall, by the Chairman, Charles W. Dragon.
•
-3-
At this point, Mr. Gervais made a motion to decide on the
request for the variance first because if the variance should be
denied, it would be pointless to grant the special permit .
Mr. Brushway seconded the motion and the Board voted unanimously
in favor.
The Chairman then read the minutes of the public hearing
on the request for the variance. Approval of the minutes was
unanimous.
Mr. Brushway said that the lot cannot meet the dimensional
requirements of the zoning ordinance regarding side, front, and
rear setbacks. In addition, he said that since the present
owner had not attempted to sell the property, there could be no
hardship.
Mr. Dragon said that the lot is too small to accommodate
a two—family home, and cannot meet the requirements of the
zoning ordinance.
In Mr. Gervais' opinion, there are no conditions affecting
this parcel which do not affect other parcels in the district .
He also said that the proposed use will add to the density of
the neighborhood.
The vote was then taken and the Board voted unanimously
to deny the variance.
Mr. Brushway moved to vote on the request for the special
permit. Mr. Gervais seconded the motion, and the vote was
unanimous to proceed with the decision.
The Board voted unanimously to deny the request for the
special pe_mit in view of the fact that the special permit
would be worthless without the variance.
The meeting was adjourned at 8 :15 PM. Present and voting
were Charles V. Dragon, Chairman; Thomas Brushway and Eric
Gervais. Also present were Clare Fennessey, Clerk; Lauren
McCartney of the Daily Hampshire Gazette and two interested
citizens.
C axles W. Dragon
Thomas Brushway
(C,
Eric Gervais