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25C-160 (7) CITY OF NORTHAMPTON ZONING BOARD OF APPEALS r A fi NORTHAMPTON, MASSACHUSETTS 01060 S DATE: NOVEMBER 16, 1989 RE: THE APPLICATION OF KENNETH M. HARRIS FOR A VARIANCE, SPECIAL PERMIT AND FINDING, ALL RELATIVE TO THE PROPOSED CONVERSION OF A ONE-FAMILY DWELLING TO A THREE-FAMILY DWELLING AT 4 ORCHARD STREET. 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 DENYING the Variance, Special Permit and 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. Buscher, Chairman Northampton Zoning Board of Appeals October 18 , 1989 Meeting Page Two Leonard Budgar, 127 Bridge St. said, "A two-family is OK, but a three-family would end up with students and a six-family population. A three-family is too much. " A Mrs. Parker said she has lived in a three-family at the other end of the street for 35 years. "Students and traffic are terrible problems. A Two-family is OK. " Risa ( ? ) Lampron, 5 Orchard St. said, "Traffic is terrible from the Industrial Park down North Street and then the side streets. I have no objection to a two-family, but three is pushing it. " Rich Dra, ( ? ) said, "Harris will live in one unit, me and my wife and two sons will live in another. Students will not be a problem. We have enough parking for six cars. " Mr. Harris said that the second egress will be at the rear. He is trying for a three-family instead of a two family for cash flow reasons . Dr . Laband moved that the Public Hearing be closed and the matter taken under advisement. Mr . Weil seconded, and the motion passed unanimously. Ch. Buscher said he wanted to decide quickly, but felt he had to look at the location. He promised a decision at the November 1 meeting. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman Northampton Zoning Board of Appeals October 18 , 1989 Meeting Page One The Northampton Zoning Board of Appeals ,et at 9 : 15 P. M. on Wednesday, October 18 , 1989 in Council Chambers, Wallace J. Puchalski Municipal Building, for the purpose of conducting a Public Hearing on the Application of Kenneth M. Harris for a Variance from the Provisions of Section 6 . 2, and a Special Permit under the Provisions of Section 5. 2 to convert a one-family residence at 4 Orchard Street to a three-family dwelling. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband and M. Sanford Weil, Jr. Ch. Buscher opened the Public Hearing by reading the Application, the Legal Notice, Section 10 of Chapter 40A, Section 10 . 10 of the Zoning Ordinance, and a memorandum from the Planning Board. Mr. Harris appeared with a modified site plan ( submitted at the behest of the Planning Board) , showing the required six parking spaces , sidewalks and vegetation. There will be no exterior changes. He mentioned that direct abutter Tatro had been left off the Abutter List, but that he was sent notice by Harris via certified Mail, and was in fact present this evening. Mr . Harris showed several charts, maps, etc. , and pointed out that, of the 32 houses on Orchard Street, seven were one-family, 13 were two-family, seven were three-family, and four were "other." He stressed that a three-family dwelling is in character with the neighborhood. Because the Planning Board suggested, rather than a variance, a Special Permit under the Lot Size Averaging provision of the ordinance would suf f ice, he showed a chart which made it clear that his lot was larger than most on the street. There was a great deal of discussion about what relief was actually needed here, and the conclusion was that "Lot Size Averaging" is a "red herring, " and has no application here. He needs 13 ,000 SF for a three-family, and has 14, 900SF. The frontage and depth are OK, but there is a side setback violation, with 515" actual v. 15 ' required. Dr . Laband' s conclusion was that he needs a Special Permit under Section 5 .2 for a three-family dwelling in a URB Zone, and a Finding for extending the nonconformity. Messrs. Buscher and Weil agreed with that, with Mr . Weil pointing out that, "If we amend his application on the spot, it' s at his risk. " The Chair called for anyone in favor to speak, and no one responded. When objectors were called for, Lawrence Tatro, 188 Bridge Street spoke. He very clearly objected to a three-family at that location. He called the area congested, parking is a problem, the area is too dense, and if this is made a three-family, it would look different with the outside stairway. I would like to see the neighborhood retain the one and two-family character. I don' t object to this becoming a two-family. " Michael Kerouac, 186 Bridge St. said he was "not against a two- family, but I am against a three, four or five." Northampton Zoning Board of Appeals November 1, 1989 Meeting Page Two add another. It' s zoned URB for a reason. " He added that this parcel abuts the Bridge Street Cemetery, and found that "graveling over his back yard would have a deleterious effect on the cemetery. " As to the Finding, he found the proposed use is substantially more detrimental to the neighborhood than the existing use. Mr. Weil moved to deny the requested Variance because it is not the appropriate form of relief, and to deny the Special Permit and Finding on the stated grounds. Dr. Laband seconded, and the motion passed unanimously. Mr. Harris expressed his frustration at the abundance of bad information and advice he had received along the way from the Building Inspector' s Department and the Planning Board. Mr. Weil pointed out that "our denial is not based on a technicality. It was based on the inappropriateness of a three-family here. Your best bet is to come back for a two-family. " Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. � \ Robert C. Buscher, Chairman Northampton Zoning Board of Appeals November 1, 1989 Meeting Page One The Northampton Zoning Board of Appeals met at 7 : 25 p. m. on Wednesday, November 1, 1989 in Council Chambers, Wallace J. Puchalski Municipal Building, to announce a Decision on the Application of Kenneth M. Harris for a Variance from the Provisions of Section 6. 2 and a Special Permit under the Provisions of Section 5 . 2 to convert a one-family dwelling at 4 Orchard Street to a three-family dwelling. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. Ch. Buscher read a memorandum from the Planning Department dated October 30, 1989 which clarified their position on this Application. The Planning Board now agrees with the Zoning Board that this Application should be for a Special Permit for a three- family in a URB Zone, and a Finding due to the nonconforming side setback. Mr. Weil said he had been contacted by Mr. Tatro, Parcel 158 , who is listed in the Assessor's records as having a three- family dwelling. He states it is actually a two-family. Ch. Buscher read a letter from him explaining the situation. Dr. Laband, agreeing that the Applicant in fact needs only a Special Permit and Finding, looked to Section 10. 10, and found that the proposed use does not bear a positive relationship to the public good, because a three-family density is too intense, and would impair the character and integrity of the neighborhood. "It is not in harmony with the intent of the ordinance. " Turning to the Finding, he added, "I 'd go for a two-family, but not a three. I will note no on the Special Permit, but would vote yes on a Finding for a two-family. " Mr. Weil commented, "We must deny the Variance because it' s inappropriate. I concur with Peter on the Special Permit because it is a detriment, and I think that' s true for the Finding. If you deny the Special Permit, then deny the Finding. I 'm prepared to deny. " Ch. Buscher said he agreed with both his colleagues that a Variance is not needed. As to the Special Permit, he looked to the section 10. 10 criteria and found that the first criterion is met, in that three-family dwellings are allowed in the URB Zone by Special Permit. He found that the proposed use does not bear a positive relationship to the public good, adding, "I agree it appears that most of the houses surrounding this are one and two-family dwellings. This is a narrow street with parking problems. That is one of the most important elements. Undue traffic congestion is a problem. He has room to park six cars on the site, but people will park on the street, and there's a horrendous parking problem on that street. " He found there was probably no overload of any municipal systems, but felt the three-family would impair the integrity of what is essentially a one and two-family neighborhood. "Even though there are a few three-families, that ' s not reason to NORTHAMPTON ZONING BOARD OF APPEALS DECISION KENNETH M. HARRIS APPLICATION PAGE TWO The Board also voted unanimously to deny the requested Variance, on the grounds that it is not the proper form of relief. As to the Finding, the Board voted unanimously to deny it, on the grounds that the proposed use is substantially more detrimental to the neighborhood than the existing dwelling, for all the reasons stated above. Robert C. Buscher, Chairman -c.l-t,. 0�p Dr. Peter Laband M. Sanford Weil, Jr. DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS At a meeting held on November 1, 1989, the Zoning Board of Appeals of the City of Northampton voted UNANIMOUSLY to DENY the Application of Kenneth M. Harris for a Variance from the Provisions of Section 6. 2 of the Northampton Zoning Ordinance, a Special Permit under the Provisions of Section 5 . 2 of the Ordinance, and a Finding under the Provisions of Section 9 . 3 of the Ordinance, all relative to the proposed conversion of a one-family dwelling at 4 Orchard Street to a three-family dwelling. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. c he Findings are as follows: a p O ° cp The Application seeks a Variance and Special Permit. This Board has determined that the Variance request is c� inappropriate. A Finding is needed, not a variance, because of a side setback violation of this pre-existing nonconforming dwelling. The requested Special Permit is CZ11 appropriate to allow a three-family dwelling in a URB --�� District. The Board looked to the Special Permit granting criteria of Section 10 . 10 of the Northampton Zoning Ordinance, and found that the requested use does not bear a positive relationship to the public welfare because a three-family density is too intense for the neighborhood. Most of the houses on Orchard Street are one and two-family dwellings. Orchard Street is very narrow and on-street parking is a problem. The Board further found that the intensity of a three-family dwelling would impair the character and integrity of the neighborhood, and is not in harmony with the intent of the ordinance. The Board found that the requested use would not overload any municipal systems, but would create undue traffic congestion. It is noted that there is room on-site to park six cars, but the Board felt that, human nature being what it is, some of the occupants would park on the street, exacerbating the existing congestion. The Board voted unanimously to deny the Special Permit.