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Jan 27 ZBA 1 PERMIT TYPE PUBLIC HEARING DATE PROPERTY ADDRESS/ ZONE/LOT SIZE COMMERCIAL FINDING JAN 27, 2022 5:30 PM 1 Main Rd/ RR/ CLICK FOR PERMIT FILE 41-6 OWNER EXISTING USE NORTH COUNTRY PROPERTIES COMMERCIAL SITE 2 Summary of Request: The applicant seeks review of a change from one trades use to another. Zoning Compliance : Commercial Trades use is not allowed in the RR district. This parcel is split between Northampton and Westhampton with only the accessory structures located in Northampton. The applicant’s request for a permit from Westhampton was appealed and the appellant’s claimed that Northampton had to review the change. Interpretation of the Northampton Zoning Ordinance would be that this is not in fact a change of use, the owner wants the ZBA to make the determination and that the change of use from the previous landscape company to the current proposed HVAC company is not substantially more detrimental to the neighborhood than the previous use. For lots that are split across munic ipal boundaries, the allowable uses are those defined by the jurisdiction in which the portion of the property is located. The dimensional requirements are similarly allocated, except for frontage and lot size which is governed by the jurisdiction in whic h most of the frontage and lot is located. See: 350-6.9 Dimensional and density regulations for lots located in more than one zoning district. Where a lot is located in more than one zoning district or municipality, the following dimensional and density regulations shall apply: A. Frontage. The frontage requirement for the district or municipality in which a majority of the frontage is located shall apply. If the lot has equal frontage in all districts or municipalities, then the most restrictive shall apply. B. Lot area. The lot area requirement for the district or municipality in which a majority of the lot area is located shall apply. If the lot has equal area in all districts or municipalities, then the most restrictive shall apply. C. All other dimensional and density regulations. Those dimensional and density regulations required in a particular district or municipality shall apply to that portion of the lot, or structure, located in said district. Staff Recommendation: The bo ard must find in accordance with 350-9: A finding, as used in this chapter, requires that the Zoning Board of Appeals determine that a change, expansion or alteration to a preexisting nonconformity will not be substantially more detrimental to the neighbor hood than the existing nonconforming nature of the structure, lot and or use. The Zoning Board may impose conditions as part of approving a finding. [Type here] 3 PERMIT TYPE PUBLIC HEARING DATE PROPERTY ADDRESS/ ZONE/LOT SIZE CONTINUED FROM 1-13-22 SPECIAL PERMIT INCREASING NON- CONFORMITY JAN 27, 2022 5:45 PM 32 Maple St/ URB/ CLICK FOR PERMIT FILE 23A-139 OWNER EXISTING USE JENNIFER POLINS SINGLE FAMILY Summary of Request: The applicant is seeking expansion of the existing home by creating a breezeway connection to the garage and conversion of an existing studio work space, within the garage structure, to a second unit. Zoning Compliance : The existing house is non-conforming as to side yard setback for a residential structure. It is 9’ from the lot line instead of the required 15’. Expanding the residence by extending a breezeway that connects to the garage would INCREASE the non-conforming nature of the home since the garage is 5’ from the side lot line. When an accessory structure is attached to the house, the entirety of the structure must meet the setbacks for a residence. 9.3(A-10) allows the Zoning Board to evaluate new encroachments and further encroachments than existing non- conformities. The Board must find that the greater encroachment is not substantially more detrimental to the neighborhood than the existing non-conformity. In order to evaluate this, the Board can look at the proximity of residential structures to their side lot lines within the surrounding neighborhood. If there are similar/comparable setbacks of homes within the neighborhood, the Board could de termine that adding another such structure would be comparable or consistent with the existing conditions within the neighborhood. SITE [Type here] 4 Here are some examples of setbacks in the neighborhood: 1. West Center Street- Giordano(ZBA approved a Finding for a 2nd story expansion along the 6.5’ side setback) : 2. West Center St: (Approximately 2’ setback) [Type here] 5 3. 105 Pine St (4.7’ side setback) A special permit requires 3 positive/unanimous votes.  The abutter’s representative argued that the breezeway structure does not constitute a building/ attachment to the detached garage. He argued that the definition of building requires walls. Zoning Definition of Building Area: 350-2.1: The ground area enclosed by the walls of a building, together with the area of all covered porches and ot her roofed portions, including areas covered by building overhangs in excess of 18 inches. The Building Commissioner has determined that the breezeway constitutes a connection and therefore would create one larger building structure wherein setbacks would have to be met. Examples of Building Commissioner’s interpretation and requirement for setbacks to be met: 1) Greeley Ave: [Type here] 6 2) Middle St:  Staff Recommendation: Staff has no concerns about increasing the non-conforming aspect of the side setback.