25A-029 Marshall St-ZBA Variance-2017
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2017-0007Date: January 13, 2017
APPLICATION TYPE:SUBMISSION DATE:
Variance11/28/2016
Applicant's Name:Owner's Name:
NAME: NAME:
MOOS STEPHEN E & SHEILAMOOS STEPHEN E & SHEILA N
ADDRESS:ADDRESS:
16 MARSHALL STREET16 MARSHALL ST
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
NORTHAMPTONMA01060NORTHAMPTONMA01060
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
(413) 586-4539 ()
(413) 586-4539 ()
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
MARSHALL ST
URB(100)/
TOWN:ADDRESS:
ACTION TAKEN:
FLORENCE MA 01062
Approved w/ Conditions
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
25A029001
Chpt. 350- 4.10: Variances & Appeals
TOWN:STATE:ZIP CODE:
Book:Page:
2299097
PHONE NO.:FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
Variance for two apartments and parking
HARDSHIP:
CONDITION OF APPROVAL:
1)The driveway opening shall not exceed 15' in width at the street. The existing opening shall be closed
in accordance with City standards to comply with this standard.
FINDINGS:
The Board granted the request for a dimensional variance to allow conversion of a garage to two residential units. The existing stand
alone structure sits (at its closest point) 4’ from the rear lot line and up to 15’ at the opposite corner. The rear setback for residential use
is 20’. The variance was based upon the information submitted with the application. In granting the variance:
The board determined that all the criteria in zoning had been met, specifically the Board found that there were:
1. UNIQUE circumstances that affect only this property or structure. The existing two story structure sits on a parcel that was partially
taken by MassDOT in 1962 to construct I-91. There is no means to create a setback that complies with 20 because the highway layout
cannot be moved. The current owner did not own the property at the time of the taking.
2. HARDSHIP from literal enforcement of zoning would result in not being able to utilize the parcel for an allowed use under zoning. Self
storage as a stand alone use not accessory to an allowed use is prohibited in the district.
3. NO REASONABLE USE of property. No legal use of the property could be undertaken without the variance.
4. NOT SELF-IMPOSED hardship. The owners did not create the particular lot size that was created by MassDOT in its highway layout.
5. NOT be a DETRIMENT to the public good. The variance allows the property to come into compliance with respect to the use.
Residential uses are the primary uses allowed in the district.
6. NOT derogate from intent of zoning. The intent of the zoning is to encourage residential uses. Adding two units complies with the
zoning and would provide affordable housing in the City.
7. LEAST variance that would afford relief. There is one dimensional variance granted. All other aspects of the zoning will be met
including driveway curb cut width, side and front setbacks and density allowance as well as height and open space.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
12/13/20161/5/20171/18/2017
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
12/28/20162/1/20171/12/20171/26/20172/2/2017
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
12/29/20161/12/20171/12/20171/13/2017
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
1/5/20175:30 PM11/8/20161/26/2017
MEMBERS PRESENT:VOTE:
Elizabeth Silvervotes toGrant
GeoTMS® 2017 Des Lauriers Municipal Solutions, Inc.
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2017-0007Date: January 13, 2017
David Bloombergvotes toGrant
Sara Northrupvotes toGrant
Bob Riddlevotes tono action needed
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Elizabeth SilverSara Northrup3-0Granted w/ Conditions
MINUTES OF MEETING:
Available on the Office of Planning & Sustainability website 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® 2017 Des Lauriers Municipal Solutions, Inc.