07-011 408 North Farms Rd-ZBA Variance DENIED-2016
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2016-0014Date: June 14, 2016
APPLICATION TYPE:SUBMISSION DATE:
Variance4/8/2016
Applicant's Name:Owner's Name:
NAME: NAME:
HOMSTEAD NEIL P & KERRY MHOMSTEAD NEIL P & KERRY M
ADDRESS:ADDRESS:
408 NORTH FARMS RD408 NORTH FARMS RD
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
FLORENCEMA01062FLORENCEMA01062
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
(413) 320-7131 ()
(413) 320-7131 ()
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
408 NORTH FARMS RD
RR(100)/WSP(100)/WP(10)/
TOWN:ADDRESS:
ACTION TAKEN:
FLORENCE MA 01062
Denied
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
07011001
Chpt. 350- 4.10: Variances & Appeals
TOWN:STATE:ZIP CODE:
Book:Page:
1761189
PHONE NO.:FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
DIVIDE LOT to create two new non-conforming flag lots
HARDSHIP:
CONDITION OF APPROVAL:
FINDINGS:
The Zoning Board of appeals denied the request for two variances to create two non-conforming flag lots out of the existing parcel. The
board made its decision based upon information provided in the application and at the hearing.
In denying the request for the variance, the Board determined that they generally could not find that the following criteria for a variance
had been met:
1. Unique circumstances that affect only this property or structure.
2. Hardship from literal enforcement of zoning.
3. No reasonable use of property.
4. Not self-imposed hardship.
5. Not be detriment to the public good.
6. Not derogate from intent of zoning.
7. Least variance that would afford relief.
The Board discussed the fact that the topographic conditions in the area affect all properties similarly and that there was full use of the
property without the variance in that two residential units were built and the creation of separate lot lines to divide the two properties
would not change the owner’s use of the site. Further, the Board heard that sale and separation of ownership between the two structures
was feasible, though not preferable and could require slightly higher financing rates. Finally the Board discussed that the minimum lot
dimensions exist for the public good to protect the drinking water supply zone.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
4/26/20165/19/20166/9/20166/15/2016
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
5/11/20166/12/20166/9/20166/23/20167/4/2016
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
5/12/20165/26/20166/9/20166/14/2016
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
5/19/20165:30 PM4/5/20166/23/2016
MEMBERS PRESENT:VOTE:
Elizabeth Silvervotes toDeny
GeoTMS® 2016 Des Lauriers Municipal Solutions, Inc.
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2016-0014Date: June 14, 2016
Sara Northrupvotes toGrant
Bob Riddlevotes toDeny
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Bob RiddleElizabeth Silver2-1Denied
MINUTES OF MEETING:
Available online at www.northamptonma.gov
I, 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 the date above.
I certify that a copy of this decision has been mailed to the Owner and Applicant.
___________________________________
NOTICE OF APPEAL
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 may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk
of Northampton.
GeoTMS® 2016 Des Lauriers Municipal Solutions, Inc.