04-003 521 Audubon DENIAL-SPECIAL PERMITPlanning - Decision City of Northampton
Hearing No.: PLN -2009 -0039 D Ma 1, 2009
APPLICATION TYPE: SUBMISSION DATE:
PB Special Permit with Intermediate 312512009
Applicant's Name: Owner's Name:
NAME:
Kelly and Robert Ansaldo
NAME: .
ANSALDO ROBERT L & KELLY J
ADDRESS:
521 Audubon Rd.
ADDRESS:
521 AUDUBON RD
TOWN:
LEEDS
STATE:
MA
ZIP CODE:
01053
TOWN:
LEEDS
STATE:
MA
ZIP CODE:
01053
PHONE NO.:
FAX NO.:
PHONE NO.:
FAX NO.:
EMAIL ADDRESS:
EMAIL ADDRESS:
Site Information:
Surveyor's Name:
STREET NO.:
521 AUDUBON RD
SITE ZONING:
RR(100) 11WP/WSP
COMPANY NAME:
TOWN:
LEEDS MA 01053
ACTION TAKEN:
Denied
ADDRESS:
MAP:
04
BLOCK:
003
LOT:
001
MAP DATE:
SECTION OF BYLAW:
Chpt. 350- 10.8: Commercial Stable, Kennel,
etc.
TOWN:
STATE:
ZIP CODE:
Book:
5021
Page:
30
PHONE NO.:
FAX NO.:
AIATI I= (lF PP(1Ph.CPf11AIOPI!-
EMAIL ADDRESS:
Removal of deck and garage. Construct kennel.
HARDSHIP:
CONDITION OF APPROVAL:
FINDINGS:
The Planning Board denied the request to createe a home -based commerical kennel based on the information submitted with the
application and comments at the public hearing.
The Planning Board could not find that all the criteria in section 10 could be met. Specifically:
(1) The Board determined that the requested use would not protect adjoining premises against seriously detrimental uses based on the
proximity of the structure to abutting properties and the likelihood of significant noise impacts.
(2) The Board did not make a negative determination about the impacts to the street network or safety of pedestrian movement within the
site and on adjacent streets, minimize traffic impacts on the - streets and roads in the area.
(3) The Board could not find that the requested use will promote a harmonious relationship of structures and open spaces to the natural
landscape, existing buildings and other community assets in the area due to the noise impacts that would be created by the proposed use
(4) Though the Board found that the special regulations set forth in section 10.8 could be met, other impacts would be created.
(6) The Board could not find that the requested use bears a positive relationship to the public convenience or welfare. The use will not
unduly impair the integrity of character of the district or adjoining zones, nor be detrimental to the health, morals, or general welfare. The
use shall be in harmony with the general purpose and intent of the ordinance;
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:
MAILING DATE:
HEARING CONTINUED DATE:
DECISION DRAFT BY:
APPEAL DATE:
41212009
- 411612009
51712009
REFERRALS IN DATE:
HEARING DEADLINE DATE:
HEARING CLOSE DATE:
FINAL SIGNING BY:
APPEAL DEADLINE:
41912009
512912009
- 412312009
5/7/2009
512112009
FIRST ADVERTISING DATE:
HEARING DATE:
VOTING DATE:
DECISION DATE:
41912009
- 412312009
- 412312009
51112009
SECOND ADVERTISING DATE:
HEARING TIME:
VOTING DEADLINE:
DECISION DEADLINE:
411612009
7:50 PM
1 7/22/2009
712212009
MEMBERS PRESENT: VOTE:
-- GeoTMS® 2009- Des-L - auriers- Municipal-Solutions;
Planning - Decision
City of Northampton
Hearing No.: PLN- 2009 -0039
Date: May 1,2009
Marilyn Richards
votes to
Deny
Katharine G. Baker
votes to
Deny
Stephen Gilson
votes to
Deny
Mark Sullivan
votes to
Deny
Francis Johnson
votes to
Deny
Kenneth Jodrie
votes to
Deny
MOTION MADE BY:
SECONDED BY:
VOTE COUNT:
DECISIOIV:
Kenneth Jodrie
Marilyn Richards
6
Denied
MINUTES OF MEETING:
Available in the Office of Planning & Development.
1, Carolyn Misch, as agent to the Planning Board, certify that this is a true and accurate decision made by the Planning Board and certify
that a copy of this and all plans have been filed with the.Board and the City Clerk on the date shown above.
I c ertify that a copy of th' decision has been been mailed to the Owner and Applicant.
r {ESL/ / ,
Notice of Appeal
An appeal from the decision of the Planning Board may be made by any person aggrieved pursuant to MGL Chapt. 40A, Section 17 as
amended within twenty (20) days after the date of the filing of the notice of the decision with the City Clerk. The date 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 the City of Northampton.
---- GeoTMS®- 2009 - Des- L-auriers -M unicipal- Solutions,-I n
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To whom it may concern,
A few of the neighbors in the area of 214 Audubon Road would like to share our
concerns regarding the establishment of a dog boarding kennel at the Ansaldo
residence at 521 Audubon Road.
First off, and probably the most important to us, is the noise. As an example,
Wintergreen Kennels in Southampton has received countless complaints from home
owners in a more recently developed neighborhood 2,500' ( +yt) away (see aerial
photo, the borders of the red circle are roughly 2,000' from its center - Wintergreen
Kennels). A 2,000' radius around 521 Audubon would include more than 20 houses,
several of which are valued at more than $500k (according to
NorthamptonAssessors.com - see photo of Audubon). In addition to personally
needing to tolerate the extra noise, we residents are afraid that a kennel will
decrease the values of our homes.
The ever rapidly increase of traffic on our part of Audubon Road has been a concern
for years now and we believe that a business would only add to the problem.
Parents who wait for the bus with their children in the morning are especially
frightened by the speeds of the passing vehicles. When we were children, we played
in the road with bare feet. Now as adults, we quickly jog cross the street to the
mailbox with our fingers crossed that nobody will whiz around the corner at 65
miles per hour.
Finally, our part of the street is the home of the Borawski sheep farm. Several years
ago, Richard Carnes' very well- behaved dog wandered into the farmyard and
started to scoot under a fence towards a flock of sheep. Defending his sheep, Bob
Borawski shot the Carnes' dog, killing it immediately. The dog wandered from its
home at 277 Audubon that day ... which is only about 3,600' closer to the farm than
521. It's no secret that animals have been able to sneak out of kennels, prompting
wild chases, and we feel that the Ansaldo's should consider the risks of boarding
dogs on our road because of this reason alone.
Thank you for taking the time to understand our ill- received news of a commercial
dog boarding facility in our village. We would like to acknowledge that we all barely
know of the Ansaldo family and that we have and will continue to feel absolutely no
animosity, regardless of the outcome of this issue.
With the help of, and on behalf of, the 214 Audubon area residents,
Dana Collins
1
Apr 17 2009 15:31 CittU of Northampton DPW (413) 587 -1576 p.3
MEMORANDUM
TO: Francis Johnson, Chair, Planning B7.yage/'
d
FR: James R. Laurila, P.E., City Engineer,
DA: , April 16, 2009
RE: File: 521 Audubon Road — Convert rorage pac e into dog kennel
Map 1D: 04 -003
CC: file
The Department Of Public Works has reviewed the above referenced application for the following items:
Traffic: Utilities:
x Volume & Impact on City Street x Sanitary Sewer
x Roadway Capacity x Water
x Adequacy of City Road Construction x Drainage Into City Stormwater System
x Site Distances. x Capacity of Stormwater Line
x Parking x Northampton Stormwater Permit
x Driveway Openings NPDES Phase II Compliance
Other;
The Department of Public Works has the following comments:
x No Concerns, project will not have an impact on any items reviewed
Traffic Study is required
Roadway does not have adequate capacity to handle the additional traffic
Roadway is not adequately constructed to handle proposed increase in traffic
Site Distances are not adequate for proposed project
Parking spaces do not meet minimum requirements
Parking spaces are too close to driveway opening
Driveway openings are not adequate for proposed use
Sanitary Sewer line is not adequately sized for proposed use
Sewer line connection is not properly shown
Water line is not adequately sized for proposed use
Water line connection is not properly shown
City stonnwater system is not adequate to handle increase in drainage
Stormwater system does not meet minimum requirements for reduction of Total
Suspended Solids (TSS)
Northampton Stormwater Management Permit has not been approved or conditions for
approved permit have not been met
Other Comments:
0521 Audubon, Road PB.doc Page i of 1
Success
l
http: / /fs12formsite.com/fs12 app/FormS
Zoning and Planning Boards Application (use THIS as the form you print)
Do NOT leave this rage until you"are sure drat EVERYTHING on it has
printed!!!!
Owner. Kelly & RobertAnsaldo
Address: 521 Audubon Rd., Leeds, Maryland 01053
t i Owner Signature -I authorize the City to inspect this property
1 Applicant: Kelly and RobertAnsaldo /[pipe: 75]
Address: 521 Audubon Rd, Leeds, Massachusetts 01053
413 - 587 -0544, kelly @ansaldo.net
Applicant Signature —I represent that under the pains and penalties of perjury:
1. Two copies of the application (EXCEPT for ANR plans) have already been delivered to DPW.
2. The required sign has ALREADY been posted on the property.
3. The information included herein is accurate
Work Location: 521 Audubon Rd., Leeds 01053
Map ID: 04- 003 -001, Deed: book 5021 page 30, Zo Z SP,/WP /, 10
Permit(s) Requested: PLANNING Special Permit w / DIATE Site Plan ($200, except flag lots
$4000)
Regulations: 350 ATTAC #1, 350 - 10.8 +11
Project: Convert existing 12x2 garage /storage space into small upscale dog boarding kennel and rebuild
existing deck overit's roof. Project will entail removal of old deck and garage, Ieaving existing cement
pad in place. New structure will be built using same square footage with slanted roof and decking.
interior height of kennel will be 6 -6.5' high and will be insulated for temperature control and sound.
Interior will contain four individual kennels for a max. capacity of 6 boarding dogs. Exterior to consist of
4 chain link kennel runs O wide x 8' long x 6' high. Fenced in area on right to provide exercise area.
Fencing will be 6' chain link and stockade fencing along area visible to the road. Stockade fence section
along left will provide visual /sound barrier to neighbors. Parking for client pickup /dropoff is 32 at
the end of the driveway and a 2 car garage for homeowner parking. This is already existing - no parking
modifications.
PERMIT CRITERIA (IGNORE "pipe," it refers to permits you have not applied for.)
Finding criteria
[pipe: 245]
[pipe: 246]
Appeal of Building Commissioner lE C E E
[pipe: 252]
[pipe: 1181
Comprehensive 40B Permit MAR 2 7 2009
(pipe: 197]
[pipe: 196]
Variance Application: I CITY CLEKKS UN-IUC
[pipe: 249) NORTHAMPTON, M A 01060
[pipe: 2511
Special Permit and Site Plan Criteria:
PROTECT adjoining premises from seriously detrimental uses: stockade fencing to provide visual and sound
barriers.
MITIGATE and MINIMIZE traffic impacts: little to no impact on trafic.
PROMOTE a harmonious relationship of structures and open space: stockade fencingwill be of high quality and
blend in with existing structures.
PROTECT the general welfare: fencing and kennels will keep dogs from leavingproperty.
AVOID OVERLOADING and MITIGATE City resources: property has it's own septic and well.
PROMOTE and NOT HARM City planning objectives: another successful small business for noxthampton
Meet all zoning requirements: city requires 10 acres for kennels. property has over 16 acres.
[pipe: 156]
parking is 32'x55' at the end of driveway and 2 car garage for homeowner packing.
I am providing justification that there will be no increase in traffic from the project; OR
[pipe: 199]
Requested Site Plan Waivers-
very small project
I have ALREAD posted the REQUIRED sign so it is visible from a public way
QTY CLERK USE: Submitlyd_ /_(OS Drridarrr_ /_ /OS
1 of 1 3/23/2009 11-58 Al
Proposal
Convert existing 12'x24' garage /storage space into small dog boarding kennel and
rebuild existing deck over it's roof.
Project will entail removal of old deck and garage, leaving existing cement pad in place.
New structure to be built using same square footage with slanted roof and decking.
Interior height of kennel will be approx. 6' to 6'5" (slanted ceiling) and will be insulated
for temperature control and sound. Roofing insulation will be 2 layers of "Prodex"
aluminum sound insulation to produce 21 DB sound barriers or comparable material. A
separate 5/8 acoustic ceiling will also be installed. Exterior walls will be concrete block.
Concrete block walls and separate ceiling will reduce sound vibrations from penetrating
to the outside. Windows will be triple pane glass awning windows.
Interior will contain four individual kennels (6'x 6') for a max. capacity of 6 boarding
dogs.
Exterior to consist of four chain link kennel runs approx. 6' wide, 8' long, 6' high.
Fenced in area on the right to provide exercise area. Fencing will be 6' chain link and
stockade fencing along area visible to the road. Stockade fence section along left will
provide visual /sound barrier to neighbors.
Parking for client pick up /drop off is 32'x55' at the end of the driveway and 2 car garage
for homeowner parking. This is already existing — there will be no modifications.
Northampton (MA) Office of Planning and Developement - Resources blip :flwww.nortflaniptomm.gov /pern itsearcb/resources.aspx ?ParcelII
Search results for Parcel ID: 04 -003
Abutters: Buffer feet, 11 records found
Parcel_ID
Location Owner
Address City
State
Zip Code
104 - 002 -001
545 AUDUBON RD EASTMAN WAYNE & ALICE E
540 AUDUBON RD LEEDS
MA
01053
04 - 003 -001
521 AUDUBON RD ANSALDO ROBERT L & KELLY J
521 AUDUBON RD LEEDS
MA
01053
• 04 - 004 -001
520 AUDUBON RD KELLIHER PAUL G & JOANNE F
P O BOX 399 LEEDS
MA
01053
04-005-001
ALEXANDER MARY ANN TRUSTEE 20 HAYWARD RD FLORENCE
MA
01060
.04 - 014 -001
.547 AUDUBON RD. MCBRIDE ALAN F & HEATHER B
S47 AUDUBON RD LEEDS
MA
01053
104 -015 -001
720 KENNEDY RD COVE MARY ELIZABETH &
720 KENNEDY RD LEEDS
MA
01053
04 -018 -001
533 AUDUBON RD PHELPS HENRY & JILL M
533 AUDUBON RD LEEDS
MA
01053
OS -001 -001
HAMPSHIRE COUNTY
RIVER RD LEEDS
MA
01053
05-060-001
407 AUDUBON RD BRANCH LYNELL M
407 AUDUBON RD LEEDS
MA
01053
05 - 062 -001
503 AUDUBON RD PACILIC MARTHA N
P O BOX 307 LEEDS
MA
01053
i 05 - 063 -001
487 AUDUBON RD KRAUTH JEFFREY B & DIANA L
487 AUDUBON RD LEEDS
MA
01053
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File # MP- 2009 -0073
APPLICANT /CONTACT PERSON ANSALDO ROBERT L & KELLY J
ADDRESS /PHONE 521 AUDUBON RD
PROPERTY LOCATION 521 AUDUBON RD
MAP 04 PARCEL 003 001 ZONE RR(100)//WP/WSP
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
�° ° -- ENCLOSED REQUIRED DATE
Building Permit Filled out -
Fee Paid
Typeof Construction: ZPA - CONVERT GARAGE TO KENNEL
New Construction
Non Structural interior renovations
Addition to Existing
Accessory Structure
Building Plans Included• -
Owner/ Statement or License
3 sets of Plans / Plot Plan
THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON
INFORMATION PRE
TTED:
Approved V Additional permits required (see below)
PLANNING BOARD PERMIT REQUIRED UNDER: § 5'�7 ^� ✓%�C°1 .,/ °
Intermediate Project: Site Plan AND /OR__I,/ Special Permit with Site Plan
Major Project: Site Plan AND /OR Special Permit with Site Plan
ZONING BOARD PERMIT REQUIRED UNDER:
Finding Special Permit
Variance*
Received & Recorded at Registry of Deeds Proof Enclosed
Other Permits Required:
Curb Cut from DPW
Septic Approval Board of Health
Water Availability Sewer Availability
Permit from Conservation Commission
Well Water Potability Board of Health
Permit from CB Architecture Committee
Permit from Elm Street C ssion Permit DPW Storm Water Ma agement
Signature of Building Official Date
G
Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning
requirements and obtain all required permits from Board of Health, Conservation Commission, Department
of public works and other applicable permit granting authorities.
* Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact the Office of
Planning & Development for more information.
° �8A � � y0UD '
...� ~~
j
File No
Please type or print all information and return this form to the Building
Inspector's Office with the $15 filing fee (check or money order) payable to tile
City of Northampton
1. Narne of Applicant:
Address: Telephone: _
2. Owner ufProperty:
Address: Telephone:
3. Status of Applicant: Owner ��Contract Purchaser Lessee Other (exp|ain)
4. Job Location: 5,S�j
to
5. Existing Use nf5tmcture/Proporty:
O. Descr ofProposed Use/Work/Project/Occupation: (Use additional sheets // //e:xs^u/y/:
�
`\S).
7. Attached Plans: Sketch Plan ^�___--- ShaP|an Engineered/SurvoyedP|anu
8. Has a Special Permit/Vahance/Finding ever been issued for/on the site?
NO ^' DON'T KNOVV YES IF YES date issuod:_________
IF YES: Was the permit recorded at the Registry ofDeeds
NO DON'T KNOW - 'ES ----'
IF YES: omar Book - Pago__________ and/or Ducument#
9.Doen the site contain a brook, body uf water orwetlands? NO�� DON'T KNOW
_______
IF YES, has a permit been or need to be obtained from the Conservat Commission?
Needs to be obtained
Obtained date issued:
YES
(Form Continues On Other Side)
m4/2004
10. Do any signs exist on the property? YES NO
IF YES, describe size, type and location:
Are there any proposed changes to or additions of signs intended for the property? YES NO
IF YES, describe size, type and location:
11. Will the construction activity disturb (clearing, grading, excavation, or filling) over acre or is it part of a common
plan of development that will disturb over 1 acre? YES NO ,
IF YES, then a Northampton Storm Water Management Permit from the DPW is required.
12. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION
This column reserved
for use by the Building
Department
13. Certification: I hereby certify that the information contained herein is true and accurate to the best of
my knowledge.
Date: G Applicant's Signature
NOTE: Issuance of a zoning permit does not relieve an pplicant's burden to comply with all zoning
requirements and obtain all required permits from the Board of Health, Conservation Commission,
Historic and Architectural Boards, Department of Public Works and other applicable permit granting
authorities.
W:\ Documents\ FORMS\ original \Building- Inspector\Zoning- Permit- Application- passive.doc 8/4/2004
EXISTING
PROPOSED
` : ' REQUIIZED BY
Lot Size
i - c e
1 O C..I -, Y`I
Frontage
rl
Setbacks Front
j CC? ` -t =
n o
Side
L • �� _R' 50 -4 —
L: R:
c . rei
Rear
, 5 0C S
Building Height
/l 1
Building Square Footage
% Open Space: (lot area
minus building & paved
A f e
r,"� A C � e cj
p arkin g
# of Parking Spaces
# of Loading Docks
Fill:
(volume & location)
13. Certification: I hereby certify that the information contained herein is true and accurate to the best of
my knowledge.
Date: G Applicant's Signature
NOTE: Issuance of a zoning permit does not relieve an pplicant's burden to comply with all zoning
requirements and obtain all required permits from the Board of Health, Conservation Commission,
Historic and Architectural Boards, Department of Public Works and other applicable permit granting
authorities.
W:\ Documents\ FORMS\ original \Building- Inspector\Zoning- Permit- Application- passive.doc 8/4/2004