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ZBA Map(s) Parcel(s) a. e Oar t it. ., t i a ITV Ogre Amt Date By Dar* AP IS HEREBY MADE TO THE CITY OF NORTHAMPTON Z-1 2A/-G,v ' niG i.920M-aeo 1. Nameof Applicant Peter W. & Jill A. Kell- Address 470 North Farms Road, Florence, MA 01060 2. Owner of Property Peter W. & Jill A. Kelley Address 470 North Farms Road, Florence, MR 01060 3. Applicant is: 'towner; 'Contract Purchaser; OLessee; i=.Tenant in Possession. 4. Application is made for, EVARIANCE from the provisions of Section page of the Zoning Ordinance of the City of Northampton. ITAPECIAL PERMIT under the provisions of Section 6. 13 page of the Zoning Ordinance of the City of Northampton, as amended. EOTHER; 5. Location of Property North Farms Road, Florence, MA . being situated on the Easterly side of North Farms Road SaXa and shown on the Assessors' Maps, Sheet No. 7 (seven) , Parcel(s) 49 (frontage parrs-I ) 48 (abutting rear parcel) 6. Zone RR 7. Description of proposed work and/or use; single family residential rlwel I ng with attached garage. 8. (a) Sketch plan attached; Oyes DNo (b) Site plan: ZAttched ONot Required 9. Set forth reasons upon which application is based: see continuation sheet attached hereto 10. Abutters (see instructions; list on reverse side of form). 12. I hereby certify that information contained herein is true to theest of my know! e. isDate April aa. , 1988 Applicant's Signatures \A r r ACkao &Lacey Assessor's Map . 11. List of Abutters: Address Sheet No, Parcel 1 Philip R. and Alice Kelley 505 N. Farms Rd. 7 25 2. Leonard C. Jekanowski, 549 N. Farms Rd. 7 27 3. John J. & Grace F. Bollinger, N. Farms Rd. 7 23 4, Mrs. Rose M. Hayes, 489 N. Farms Rd. 7 24 5 Richard J. Novotny & Marilyn J. Schmint, 502 N. Farms Rd. , 7-68 6. Neil A. & Jeanne A. Kelley, 516 N. Farms Rd. , 7 4 7 John W. Maroney, 447 Bridge Rd. (mail address) 7 2 6, James Robert & Jane Ann Martin, 534 N. Farms Rd. 7 3 g, Gordon S. Swift, Jr. , N. Farms Rd. 7 26 10. Gordon S. , Jr. & Andrea H. Swift, N. Farms Rd. 7 55 11. 12. 13. 14. 15. 16. 17. 7 . 18. G'' 0 :} 1988 y 1 EN Or 19 DEN to 6UiLDiryp Ip5P.C7mNC , d�RU�nr;ON.MA.D1aSp �� 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. (Attach additional sheets, if necessary) rvwr CONTINUATION SHEET 9. (Reasons for Special Permit Application) 1. Applicants acted in good faith, upon the reasonable belief that they had a "legal" building lot in all respects, as deeded them by Peter's father and mother, Philip and Alice Kelley. The applicants had a valid, municipally approved perc and understood that the lot in question was "ancestored" or "grandfathered" in, as a legitimate building lot . It was always the parents ' understanding that they owned a legal lot. This became even more evident to the Applicants when a home was built by the Swift family on a neighboring lot of the same size, originating from a common source. Both lots were the same size and thus they expected no problem in securing a building permit. Unknown to the Applicants, however, was the concept of "common ownership" or "merger", which effectively removed the lot in question--J-T---, from "grandfather" status since it was held in the same record ownership as the lot 17v retained by Philip and Alice Kelley, grantors to the Applicants - ;; • 1J � Believing they would have no problem securing C, a building permit, the Applicants installed an artesian well on the subject lot and began to clear the land. 2 . The Applicants have invested a great deal of time, labor and money in the artesian well and land clearing. Their families and friends have also expended much time and energy on the project. The Applicants have also incurred perc, engineering, surveying and legal fees. The inability to build their home on the lot in question would be a severe hardship to them, resulting in both material losses of time and money, and in the emotional loss of a family building lot. 3 . The Applicants wish to build a single-family residence for their own use only and not for speculation. Peter Kelley's parents and brother live in homes abutting the subject premises and existing directly across the road, respectively, and the Applicants ' ability to live nearby would help promote the common work projects the three families so often engage in to help one another. 4. The Applicants were deeded the building lot by Peter's parents as a reflection of their love and affection for their son and daughter - in- law , without monetary consideration. Applicants would not be able to afford to build on another lot commanding today's high prices. The only way their building project is feasible is by virtue of the deed from the parents. 5. The lot would have its own private septic and water systems and thus would not overload any public water, drainage, sewer or other municipal system. 6. The anticipated use would not create undue traffic congestion or unduly impair pedestrian safety. i` 7. The requested use bears a positive �' - - .;•".A relationship to the public convenience and \(�•1° welfare. \ "--.; V .. 8. The access driveway requirements can easily <,M be satisfied in light of the configuration ' .., of the building lot. ":4. There will be no undue adverse geographic concerns relating to fire and police ‘'. GL , -'� . protection if the application were granted. j1 - lo. All other requirements for Flag Lots have been satisfied in all respects. 11. This application, if granted, will not be a detriment to the public good and will not nullify or derogate from the intent and purpose of the Zoning Ordinance. 12. The requested use would not unduly impair the integrity or character of the area, nor be detrimental to the health, morals or general welfare. Furthermore, such use would be in harmony with the general purpose and intent of the Zoning Ordinance. " F8