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07-009 422 North Farms Rd ZoningDo Not Write In These Spaces Application Nu, .er: R4 W l a f A Y ` ed Filed Fee Pd. Heed. LtlA rviepei) rercegol nr Dale o v oma 7 7 Y JIAY - J hilb APPLICATION IS HEREBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS, 2. Owner of Property Robert N and Audrey S Wade Address 422 North Farms Road,(Florenge) Northampton _ 3. Applicant is: xOwner; El Contract Purchaser; F] Lessee; ❑Tenant in Possession. 4. Application Is made for: xVARIANCE from the provisions of Section VI page 1 of the Zoning Ordinance of the City of Northampton. Table Dimensional and Density Regulations, Paragraph RR 1 SPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance of the City of Northampton. OTHER: 5. Location of Property 422 North Farms Road being situated on the westerly side of N. Farms Road Street; and shown on the Assessors' Maps, Sheet No. 7 Parcel (s) 9 and 10 6 Zore RR 7. Description of proposed work andlor use; Reduce frontage requirements -- in order to form thre parcels with large set—hank from th rna,l 8. Sketch plan attached; XYes No 9. Site plan. Attched Not Required Note that Plot Plan is attached. 10. Set forth reasons upon which application is based: _ See attached sheet 11, Abutters (see Instructions; list on reverse side of form)_ 12. 1 hereby certify that information contained herein is true to the best of my knowledge. Date May 9, 1978 A pplicant's Signature -1 '2— 10. set forth reasons upon which application is based: The shape and topography of the subject parcel, where the frontage is limited but the depth is great makes a variance necessary so that the land on the westerly portion of the property does not go into disuse, thus posing a genuine substantial hard- ship for the Applicants. Any homes to be constructed would be in the far westerly portion of the property, with the proposed house on parcel one to be set back 1500 feet from North Farms Road and that on parcel three 1200 feet from North Farms Road. Thus, the intent of the by -law applicable to frontage is not derogated from in that the density will not be increased by a granting of the variance. If the variance is granted no detriment to the public good will be posed due to the great distance of the proposed homes from the road. In fact, the subject parcel, due to its shape and topography, would use the frontage primarily as an access to homes on the far westerly portion of the parcel. If the variance is not granted, the Applicants are deprived of the full use of their property, while paying the full tax rate on this property. Neither the intent of the by -law nor the public good would be harmed owing to the particular shape and topography of the land for which Applicants seek a variance from the frontage requirements. INSFECiI:i : Li'_4T NORTY,AML DECISION OF THK ZONING BOARD OF APPEALS At its meeting on Wednesday, July 18, 1976, the Zoning Board of Appeals for the City of Northampton voted to grant the petition of Robert N. and Audrey S. Wade for a variance to allow two homes to be built on a lot on North Farms Road which has less frontage than is required under the Zoning Ordinance. Based upon evidence presented to the Board, the Board made the following findings in regard to the variance: 1. The property in its present form is unique and has prob— lems affectin,P it and no other in the Zoning District in that it is a key lot with insufficient frontage, resulting from a 'Zoning change after applicants' purchase of the lot., but a large area. 2. The literal enforcement of the Zoning Ordinance would in— volve substantial hardship to the owners in that it prohibits them from making a fair and reasonable use of their property. 3. The proposed use will not be detrimental to the public good in that it will not overload public facilities or result in overcrowding because the lot size exceeds the Zoning Ordi— nance requirements. 4. The proposed use will not nullify or derogate the intent of the Zoning Ordinance because residential dwellings are allowed in this Zoning District. C 1 3. UR N, ( RAYMOND OND CA hRS, ASSOCIATE . � y ��lr DAVID WAme r; , ASS 0 A'.L; City of Northampton, Massachusetts Planning Department Rm. 102, Municipal Office Bldg. • 212 Main St. Northampton, MA 01060 a (413) 584 -0344 •Conservation Commission• H Wmlml Commission• Planning Board Board of Appeals •Community Development Program•Hausing Behabllitailon Program -Capital Improvement Program Committee June 5, 1978 Mr. Charles W. Dragon Chairman Board of Appeals Northampton, MA 01060 OPINION OF THE PLANNING BOARD IN THE MATTER OF - Request of Robert and Audrey Wade for a variance to reduce the frontage requirements in order to form three parcels - The Planning Board, at its meeting of May 17, voted unani- mously to recommend that the subject application be approved. The Board noted that the shape of the parcel in question is unusual, and that as a result, the strict application of the zoning ordinance regulations would create a hardship. The Board also noted that the proposed division of land would effectively preclude any further subdivision, and consequently, the character of the neighborhood would be more or less preserved, not injured. If you have any questions, please c 1 me. cc: Building Inspector Law Department Applicant ye Y h s, P P annctor ,Sn,ME oRGUJMTTG AGAINST THE PETITInN at 422 North Farm- Road 1. Detriment to public goo ". a. North Fame woad as an offically named scenic route. b. The woods and hills up there as an unofficial but traditional public park, recreational area. 2. No substantial hard §hip shown. j The 36 acres were bought for 12,250 and are assessed at / cal, ?8630, Building lots around there in 1973 were p ,o five -six thousand an acre, and are assessed at about $2aab_ per acre. He has no building lots "going into disuse." He has 36 woodland acres sumo nding his nice private home. He is not paying taxes at building lot rate, but at countryxl side rate. 3. petition contradicts the intention of the ordinance. The ordinznce has as a purpose "to lessen congestion; to encourage the most appropriate use of land; to conserve the value o5 land." Frontage regulations are to control density of pe ulation, period; not just to control the nambe: of houses next to a given road. To cut a regulation of 175 feet down to 49 feet is to increase density. And it is also to give up any reasonable control, for the sane arguments which he has used this time would be equally applicable should he ask to subdivide his remaining 27 acres later, cutting frontage dorm to 39, 29 or 10. 4. The circumstances appealed to in the petition are not peculiar to this one lot, but apply to mam many lots in Northampton's Rural Residential districts. Not only his lot has extensive back acreage with small frontage, but so do lot,),iQ 8, 44; Tizotte's lot, Ba,owski's, dager'e(former homessead on east of NFd)• o0 does the 27 acres Air. Wade bought this sear adjacent to lager's, with only some 400 feet of frontage. And many more. 5. uo finally granting the petition would amount t nullifying the frontage control regulation altogether and opening the way: to uncontroled development in the North Farms Road area. If and when the city is ready for such development anc.. expansion, I think it should take over those small frontages and open city roads back into the area tr be developed; and do this in a planned, controlled way. Until then, it should stick to its new zoning regulations and the plans they embody. Quentin Quesnell 390 North Farms Road �/ /XC COMMONWEALTX e M ACXUECTr] 10 403 O ^ Northampton Y J BOARD OF APPEALS _ - '. ......._ Se pte m ber...._ ..... ...... .19' NOTICE QF VAHLINCE Couditlona! or Limited Variance or Special Permit (Lme..1 L.. ra ^8�•emA. B..�bn l8 e. umm.IN) Notice is hereby given that a Coad'nlaaol or 4mimd Variona or Spednl Permit has beemgcemed To - Robert and Audrey Wade - ..____......_.._._..._.._ ._........._....__...__........ .... . ..................... 422 North Rd ..._._._ Farms oa City ar Tonn NoPChampc n (elorenepl _Hast._s.l.de.Rt._Npc.th..FArma Ro.ad�.. knowp Ae 422, Np[kh FtCma.ROad ... by IIn CYS of....._NO.r phis!! tPt. 4n.. .............. ........................... Ro,ol of Apreele oRccting h rights of the miner with re, ni to t ose or pre nuea an. 422 .. North Fermis Roed _Northampton (Florence) . ... —... ........ ... ...... 11 the record titl I g j tbo none of ers, � h.n, a IJ me Ir 1 Iy J ed d ly rc onl J in the pin Ctanay fl g try or Mcd..in II k Page /0. .. R d eg:nry D ,ja of the La lkt rt Cart rrae No ...... . Ito k ..........Pogo.... _ .... The ileels'on or soil Doord ie on flo with the I upon to Duiatnt ar Gina No „1Sk......_. Cny - in tho olfca of the CieiA ....... ia "humptop ... .... ..........._ ............ -. S &mJ tliis. %h d y of....Septe!nber ..14.79 AT= hnvd orA IP N ' / / / �• [ IL�3 ( K.VL'G > nn .lams Pr HAMPSHIRE SS, :¢ � -. (lr (,f._�. h ` 'r r k r /.,..,Clerk September 13 - :.:.,i9. 7.8_ at .11 4p .0 1 kand ...... .....- minotce A0. Hecelvo l and intend wilh the Reglner of Doeds in the Conroy or....., �fempehlra........ Bork . ......... Page.. 214 ......... A n9T _ ... .......... ............................... ........ Register of Deoh Notice to be rerorded by NpfW- Land an