32C-328 (4) NORTHAMPTON ZONING BOARD OF APPEALS DECISION
PERRY AND SHIRLEY SMITH
PAGE TWO
2 . No new violations shall be created, specifically an
open space violation, or further encroachment on the
rear setback.
3 . To the extent that the existing foundation extends
beyond the addition, it be removed.
Robert C. Buscher, Chairman
M. Sanford Weil, Jr.
William Brandt}
6 Service Center
Mr.Of BUILDING INSPECTIONS
DECISION OF NORTHAMPTON,MA.01060
NORTHAMPTON ZONING BOARD OF APPEALS
At a meeting held on September 20, 1989, the Zoning Board of
Appeals of the City of Northampton voted unanimously to grant
the request of Perry and Shirley Smith for a Finding under
the Provisions of Section 9 . 3 (a) ( 1) of the Northampton Zoning
ordinance that allowing an addition to a pre-existing,
nonconforming building will not be substantially more
detrimental to the neighborhood than the nonconforming
building. Present and voting were Chairman Robert C.
Buscher, Dr. Peter Laband, and William Brandt.
The Findings were as follows:
Section 9. 3 (a) ( 1) provides that a pre-existing nonconforming
structure may be changed, extended or altered if there is a
finding from the Zoning Board of Appeals that such change,
extension or alteration will not be substantially more
detrimental to the neighborhood than the existing
nonconforming structure.
The 26 ' long addition to the building will merely extend the
existing rear setback violation. The addition will not be
any closer to the rear setback than the existing building.
The 930 square foot addition will not be substantially more
detrimental to the neighborhood than the existing
nonconforming structure.
The following conditions shall apply:
1 . There shall be lined parking spaces for 16 cars.
I
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, 212 Main Street to conduct a Public Hearing on the
Application of Perry and Shirley Smith for a Finding under the
Provisions of Section 9. 3 of the Northampton Zoning Ordinance to
allow construction of an addition to a pre-existing nonconforming
building that will continue a rear setback violation. 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, and a memorandum from the Planning Board. Mr.
Smith explained that he wanted to use an existing foundation to
construct a 26 ' long, 930 SF addition to his building, to add a new
piece of equipment. The setback violation will be continued by
261 , but the extent of the violation will not increase. There was
a lengthy discussion around parking, and it was determined that the
square footage of the building after the addition required 16
parking spaces. Mr. Smith said that he had that many existing or
available. There being no one present to speak in favor or in
opposition, Mr. Weil moved the Public Hearing be closed. Mr.
Brandt seconded, and the motion passed unanimously.
Mr. Weil read Section 9. 3 (a) (1) , said he found no new violations,
and found the proposed addition would not be substantially more
detrimental to the neighborhood than the existing building. Mr.
Brandt concurred with Mr. Weil. He said there is room on this
13 ,876 SF lot for the building and the required parking, but was
concerned about the 35% open space requirement being met, and the
necessity to have 16 parking spaces.
Ch. Buscher also concurred, and asked for three conditions: 1)
Parking be provided for 16 cars; 2) No new violations be created,
especially an open space violation and encroachment on the side
lot; 3 ) To the extent that the existing foundation extends beyond
the addition, it be removed.
Mr. Weil so moved, 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
CITY OF NORTHAMPTON
ZONING BOARD OF APPEALS
� NORTHAMPTON, MASSACHUSETTS 01060
ti -
�i
DATE: °
RE: THE APPLICATION OF PERRY AND SHIRLEY SMITH FOR A FINDING THAT
AN ADDITION TO THEIR BUILDING AT SIX SERVICE CENTER WILL NOT BE
SUBSTANTIALLY MORE DETRIMENTAL TO THE NEIGHBORHOOD THAN THE
EXISTING BUILDING.
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 Finding.
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. 7Buscher, Chairman
O,��t1AMp�O
CITY OF NORTHAMPTON
9
$. � ZONING BOARD OF APPEA c �
NORTHAMPTON, MASSACHUSETTS 01060
OCT
DEPT. OF BUILDING INSPECTIONS
..r. MPTON. MA.0I060
DATE: "I I —
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: PERRY AND SHIRLEY SMITH
ADDRESS: 9 TIPPING ROCK ROAD
CITY: WESTHAMPTON, MA 01027
AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR
BUILDINGS AT: SIX SERVICE CENTER, 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 Off ice 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