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07-011 ZBA Decision July 26 2005Zoning Board of Appeals Hearing No.: ZBA -2006 -0040 City of Northampton Date: July 26, 2006 APPLICATION TYPE: Special Permit I SUBMISSION DATE: Mon Jun 12, 2006 Applicant's Nam NAME: H STEAD KERRY M & NE /L P ADDRESS: 408 NORTH FARMS RD TOWN: STATE: ZIP CODE: FLORENCE MA 01062 PHONE NO.: FAX NO.: (413) 584 -0458 0 EMAIL ADDRESS: Site Information: Work Location.: 408 NORTH FARMS RD TOWN Florence 0 -1062 SECTION OF BYLAW: GIS # MAP: BLOCK: LOT: Section 10.10 230 07 011 001 ACTION TAKEN: Grant Reason for filing: Construct a detached accessory dwelling. HARDSHIP: Owner's Name: NAME: HOMSTEAD KERRY Mx Amu P ADDRESS: 408 NORTH FARMS RD TOWN: EFAXNO, ZIP CODE: FLORENCE 01062 PHONE NO.: (413) 584 -0458 () EMAIL ADDRESS: SITE ZONING: RR FINDINGS: Conditions of approval: 1. Prior to issuance of a building permit, the applicant must merge lots know as assessor map 7 -67 and 7 -11 under one deed. 2. Prior to issuance of a certificate of occupancy for the detached accessory apart the storage garage. ment, the applicant must connect the principal home to The Zoning Board of Appeals granted the Special Permit for a detached accessory apartment based on the information submitted with the application and the following plan: "Auxilary Dwelling Homstead Residence ", prepared by Neil Homstead., Dated February 12, 2006. The Board found that: A. The requested use protects adjoining premises against seriously detrimental uses. The use of the property will continue to be a single family home. The new structure will be well off the road to the rear of the property and at least 400' from the nearest closest structure on an abutting lot. B. The requested use will have no effect on the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, because there will be no changes to the use of the property. The location of driveway openings will not change. Access to the structure will be over an existing common driveway serving this lot and two other abutting lots. The driveway was installed after approval by the Planning Board in the mid 1970's to serve this lot and abutting lots. C. The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area. The large site has substantially greater setbacks from all property boundaries than other lots in the neighborhood. There is ample room to maintain required setbacks from all property boundaries in excess of the zoning requirements. D. The requested use will not have an an effect on city resources as the single family uses will remain the same. This lot is served by private sewer. E. The requested use meets special regulations set forth in the Zoning Ordinance under section 10.10 and will meet the height requirements under section 6.2 for accessory structures. F The requested use bears a positive relationship to the public convenience or welfare. The use will not unduly impair the integrity of character of the district or adjoining zones, nor be detrimental to the health, morals, or general welfare.. The use will be in harmony with the general purpose and intent of the Ordinance. GeOTMS® 1998 Des Lauriers & Associates, inc. Zoning Board of Appeals City of Northampton Hearing No.: ZBA- 2006 -0040 Date: July 26, 2006 COULD NOT DEROGATE BECAUSE 11 - Tue Jun 13, 2006 MAILING DATE: Sat Jul 08, 2006 HEARING CONTINUED N DRAFT BY: APPEAL DATE : REFERRALS IN DATE: HEARING DEADLINE DATE. HEARING CLOSE DATGNING ul 27, 2006 BY: Sat Jul 01, 2006 Wed Aug 16, 2006 Thu Jul 13, 20 0ul APPEAL DEADLINE: 27, 2006 FIRST ADVERTISING DATE: HEARIN G DATE: VOTING DATE: WDATEAPP Tue Aug 15, 2006 Thu Jun 29, 2006 Thu Jul 13, 2006 Thu Jul 13, 2006 N DATE: ul 26, 2006 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: N DEADLINE: Thu Jul 06, 2006 5:30 PM ep 20, 2006 MEMBERS PRESENT: Malcolm B.E. Smith Elizabeth Wroblicka Sara Northrup Bob Riddle Elizabeth Wroblicka VOTE: votes to Grant votes to Grant votes to Grant votes to Grant Malco B.E. Smith B.E. smith 4 Granted w/ Conditions MINUTES OF MEETING: Available in the Office of Planning & Development. 1, Carolyn Misch, as agent to the Zoning Board of Appeals, certify that this is a true and accurate decision made by the Zoning Board and certify that a copy of this and all plans have been filed with the Board and the City Clerk on July 26, 2006 I certify that a copy of this decision has been mailed to the Owner and Applicant. NOTICE OFAPPEAL An appeal from the decision of the Zoning Board may be made by any person aggrieved and pursuant to MGL Chapt 40A, Section 17 as amended, within (20) days [30 days for a residential Finding] after the date of the filing of this decision with the City Clerk. The date of filing is listed above. Such appeal maybe made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of Northampton. GeOTMS® 1998 Des Lauriers & Associates, Inc. Ll CITY OF NORTHAMPTON ZONING BOARD OF APPEALS CITY CLERKS FFICE NORTHAMP MA 01060 SPECIAL PERMIT APPLICATION Applications WILL NOT be accepted without all of the following information. It is recommended that you meet with the Senior Planner to review application materials prior to submission. For an appointment, please call the Office of Planning & Development at 413- 587 -1287. I. PrQjectType ec - Box)' Information is°located on Suilding Inspector's Review Farm, which is a prerequisite to fling this application S. Owner to ormation . ; Home Occupation w of different hwn Applkarll0 Sign Detached Accessory Apartment Attaching accessory structure to principal building Other: 2. Permit is requested under Zoning Ordinance Section: r0 Page: /Q From Building Inspector's Review form 3. Parcelln#ormat #gq Address A ssessor Identification: Map #, Parce #: 1rr T - 1d Map #, Parcel #: Zoning District: (' 7- 11 't (if applicable) i — I, or G 2-& 1 7 /'7/ 1 4. App icanfs In mation ; S. Owner to ormation . ; w of different hwn Applkarll0 Name k'i f(L HOio S 7 Add-Tess 1- LL�L A,'c� Telephone S - 4 C' zi �- Ema{ _ Fax Status of Owner: Contract Purchaser: Applicant � essee: R Other: JUN — 9 2nnc :7 �? 'BI OS A) Co o qj Z A) Is 4/6x2005 ! 003.pdf 0 Applicant s Si afore J Date Owne�Sigi re * Date I certify: the information contained herein is true and accurate to the best of my knowledge; the above signed owner(s) grant the Board and its agents permission to enter the property to review this application; I understand all documents will be entered into the public record and will he available on the internet; I understand that if neighboring issues have not been addressed / resolved prior to the hearing, the Board will continue the hearin * Owner's signature or letter from owner authorizing applicant/representative to sign on behalf of owner. 6. Check boxes below indicating that you have attached /included the following documentation: '® Site Vicinity Plan Sketch or Plot Plan at 1" = 40' or greater (not applicable for sign applications). ® Filing Fee made Payable to the City of Northampton ($200)_ ❑ Stamped, Self Addressed Envelope(s) to owner and applicant. ❑ Two separate rubberbanded sets of stamped envelopes addressed to each of the abutters within 3(X1' and the planning boards in adjacent towns. The abutters list can be found at www.northamptonm&gov /opd/ If within 300' of a neighboring town, the envelopes must include the abutters within said town. The return address of all the envelopes should be labeled as: Planning and Development, City of Northampton, City Hall, 210 Main Street, Room 11, Northampton, MA 01060 -3198. ❑ A printed list of all abutters (from above section). Number of Abutters on the list is: /7 ❑ 12 Complete packages (original and 11 copies). Each packet must include all application material and be collated, stapled and banded together. Zoning Permit Review Form with Building Inspectors endorsement & Application. ® Folded Plans- all plans of 11X17 or large must be folded (If 36x24 plan sheets are included, they may contain 6 full sets with the remaining 5 at 11x17 size) and collated with each application- 0 Building Elevations JUA ❑ Lighting, if applicable ❑ Waiver Form (see below) ❑ Waivers - The site plan MUST contain the information listed below. The Zoning Board may waive the submission of any item, if appropriate, based upon rationale submitted with request. To request a waiver, check the item number and provide the reason for the request. If you are not requesting any waivers, please note that on this form_ ❑ Site plan(s) at a scale of 1 "=40' or greater ❑ Name and address of the owner and the developer, name of project, date and scale plans: ❑ Plan showing Location and boundaries of the lot, adjacent streets or ways - all properties and owners within 100 feet - all zoning districts within 100 feet ❑ Existing and proposed buildings, setbacks from property lines, building elevations ❑ Present & proposed use of the land, buildings: 4/6/2005 2 003.pdf • ❑ Location of parking & loading areas OR driveways — access & egress points — public & private ways — walkways ❑ Location and description of public & private ways, Utilities, easements ❑ Existing & proposed landscaping, trees and plantings (size & type of plantings) buffers and/or fencing: ❑ Signs - existing and proposed, location, dimensions/height, color and illumination ❑ Lighting - Location/Details I understand that it is required that I take this application to get date stamped at the City Clerk's Office first, prior to filing it with the Northampton Planning and Development Office. 7. De proposed projecttwork below: S.. Special Permit Approval Criteria. (if any permit criteria does not apply, explain why) Use additional sheets if necessary. Assistance for completing this information is available through the Office of Planning & Development. A. How will the requested use protect adjoining premises against seriously detrimental uses? How will the project provide for surface water drainage: rs 040S rc Y sound and sight buffers: VA C�/��SSLb the preservation of views, light and air: l t 4 B. How will the requested use promote the convenience and safety of pedestrian movement within the site and on adjacent streets? k ) How will the project minimize traffic impacts on the streets and roads in the area? 4/612005 3 003.pdf • Where is the location of driveway openings in relation to traffic and adjacent streets? What features have been incorporated into the design to allow for access by emergency ESC/ S f L /2 vehicles 7 i I �' C / the safe and convenient arrangement of parking and loading spaces: i . provisions for persons with disabilities: RFS C C. How will the proposed use promote a harmonious relationship of structures and open spaces to the natural landscape: to existing buildings: other community assets in the area: D What measures are being taken that show the use will not overload the City's resources, including: water supply and distribution system: /DlZ L sanitary sewage and storm water collection and treatment systems: _ S t= fire protection, streets and schools: How will the proposed project mitigate any adverse impacts on the City's resources, as listed above? IU U J 1-1 4- -e. E. List the section(s) of the Zoning Ordinance that states what special regulations are required for the proposed project (Accessory apartment, home occupation, signs accessory structure, etc.): la I p How does the project meet the special requirements? (Use additional sheets if necessary) 41612005 ' ® (X13. pd Lo et,& 0 P eon fle4 -ao& 6 `n-eat � L4 5 0 I' Explain why the requested use will: not unduly impair the integrity or character of the district or adjoining zones: To b � can Cf rem, reo- o -1- -rl -c= N EA-l2 tS 2 � t i�) e-Av C c not be detrimental to the health, morals or general welfar e: w F, p ( a. n - tv Gov► s i vi t ct & s vU.G-C , " �, 1 -ii Gt eut Iw of e- W r`I k(, cL t� - I p,LV&C5 eE w es Where. w ems. mei%, a ree� f e l tci< &VVU J S E.S be in harmony with the general purpose and intent of the Ordinance: Irk G Fxplain how the requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives, defined in City master study plans adopted under M.G.L. Chapter 41, Section 81 -C and D. 5 003.pdf 4/6/205