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09-005 317 Kennedy Road ZBA Accessory Apt Special PermitZoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2009-0015Date: August 5, 2009 APPLICATION TYPE:SUBMISSION DATE: Special Permit6/24/2009 Applicant's Name:Owner's Name: NAME: NAME: Dana StevensDana Stevens ADDRESS:ADDRESS: 317 Kennedy Rd.317 Kennedy Rd. TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: LEEDSMA01053LEEDSMA01053 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 317 KENNEDY RD RR(100)//WSP TOWN:ADDRESS: ACTION TAKEN: NORTHAMPT0N MA 01060 Approved w/ Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 09005001 Chpt 350- 10.10: Accessory Apartments TOWN:STATE:ZIP CODE: Book:Page: 1276281 PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: ACCESSORY APT DET GARAGE HARDSHIP: CONDITION OF APPROVAL: 1)Prior to issuance of a building permit, the applicant shall receive all appropriate sign-offs from Department of Public Works, Board of Health and Department of Environmental Protection for septic system expansions. FINDINGS: The Zoning Board issued the special permit for conversion of the detached garage into an accessory dwelling based on the information submitted with the application. The Board found that all the criteria in section 10.10 for detached accessory units had been or would be met. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 6/23/20097/18/20097/30/2009 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 7/11/20098/28/20097/23/20098/6/20098/25/2009 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 7/9/20097/23/20097/23/20098/5/2009 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 7/16/20095:40 PM10/21/200911/25/2009 MEMBERS PRESENT:VOTE: Elizabeth Silvervotes toGrant David Bloombergvotes toGrant Sara Northrupvotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Sara NorthrupElizabeth Silver3Granted w/ Conditions MINUTES OF MEETING: Available in the Office of Planning & Development. 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. GeoTMS® 2009 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2009-0015Date: August 5, 2009 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® 2009 Des Lauriers Municipal Solutions, Inc. u Special Permit and Site Plan Criteria for honing Board Review NOTE: Ae following address prompts posted on the. townplanning and zoning board online application (which yvas not yv'orJcing properly) Owner First Name Owner Last Name 1.) Nlichelle' 1.) Stevens 2.) Dana 2.) Stevens Owner Address 1 ) Michelle* 35 South Race Ave Apt 2 NW Chicago 11. 60607 DECE V JUN '2 4 2009 CITY CLERKS OFFICE NORTHAMPTON, MA 01060 . • 'J 7 J J 2a.) Dana (until 6/26/09): 1300 Federal St., Unit 15, Belchertown, MA, 01007 2b.) Dana (after 6/26109 ): 317 Kennedy Rd. Northampton, NIA, 01053 Applicant First Name Applicant Last Name 1.) Henry 1.) Glick 2.) Dana 2.) Stevens Applicant Address 1a.) Henry (until 6126109 ).: 1300 Federal St., Unit 15, Belchertown, MA, 01007 lb.) Henry (after 6/26/09 ) 317 Kennedy Rd., Northampton, MA, 01053 2a/b.) Dana: Same Applicant Phone Applicant E -Dail 0603-387 henryj_glick@yahoo.com 2.) 603 - 809 -9231 dana a stevens @yahoo.com Assessors' Map(s) and Parcel I.D(s) 009 - 005 -001 Parcel Deed Book and, Page 08809/30 Work Location Henry: Home address Dana: Webs — 75 Service Center Rd. Zoning /Overlay Districts RR, WSP Work Post Office Belchertown, NIA 01007 (until 6/26) Northampton, MA 01060 What PERMITS or AMENDMENTS are you applying for? ✓ ZONING BOARD Special Permit ($200)' Relevant Sections of zoning and subdivision regulations Primary: 350 — 10.10; Secondary: 350 =8.8 Describe project and relieflappraval's needed Per ordinance 350 — 10.10; we are seeking approval, for a special zoning permit that will allow us to convert an existing garage into an accessory apartment. Additionally, per ordinance 350 -8.8 G, we are seeking .a special permit that will grant us grandfathering rights on a second driveway curb -cut that currently connects the garage to the public way. **Please note. We have listed our selves. as owners above°, though we currently hold a purchase and sale agreement. Transfer of legal ownership is scheduled to take place June 26, 2009. Has this application been discussed with illy neighbors (highly recommended)? At the time of submitting this application, we HAVE NOT notified our neighbors. We plan to notify Them in writing after we obtain ownership of the property (post 6/26/09), and at least two weeks. before the scheduled Bearing.. *Will the project z/ PROTECT adjoining premises from seriously detrimental uses *How [Make sure that you address: 1. Surface water drainage 2. Sight and sound buffers 3. Preservation of views, light and air] 1.) Surface water drainage will basicallyy remain. the sarneT given that the structure is in place. With the removal of a small,, attached shed,. and rats -, replacement with fill, water will continue to be directed away from the house and down the sloping property. Aside from temporary plumbing installation, no rnaj or areas will be opened to erosion or stagnant water. 2.) Currently, several trees 'are in place as sight barriers, and we have no plans to remove them. There are no sound barriers in place, but we would reason that sound pollution would decrease as a result of 'residentiaT, as opposed. to "sBog" related activities (cars, power tools, etc.) being primary. } views, ligh4 and airways will not change with the proposed conversion: of the structure. *Will the project MITIGATE and MI]NDAIZ traffic impacts *How [Make sure you address. 1. Promote the convenience and safety of pedestrian movement within the site and on adjacent streets Z. Location of driveway. openings in relation to traffic and adjacent streets- 3- . Ensure ac eessl by emergency vehicles 4. Ensure the safe and convenient arrangement of parking and leading spaces 5. Provide persons with disabilities] 1.) Pedestrian traffic will not be affected, in that the structure is located well back from the public road. Movement around the property will not change, in that the building (and . some use patterns): already exists. 2.� We propose to maintain the current gravel driveway providing access toy this- structure: Its_ location and convergence with the public road are unobtrusive and as safe as any driveway. 3.) By maintaining the aforementioned driveway, access for emergeney vehicles will be ensured. 4.) By maintaining the aforementioned driveway, .adequate parking and loading areas will be secured, such that there is not congestion in portions of the driveway .closer to the main residential structure on the grounds. 5_) Access to the structure for disabled peoples will be maintained through the use of only the building's ground floor. If necessary, additional measures could be taken to allow easy access (e.g. ramp instead of stairs). *Will the project ,z/ PROMOTE a harmonious relationship) of structures and open space *How [Make sure you address. I_ The natural landscape 2_ Existing buildings 3. Other community assets in the area GOOD DESIGN MATTERS] 1.) The natural landscape of the site will be little changed with the proposed work, since the structure is pre- existing. As this is a studio apartment, the maximum number of residents in the building would likely be twol posing little increase in environmental disturbance on the surround 3+ acres_ Some temporary disturbance will necessarily be made with the installation of plumbing. O'onversely, we can limit disturbance of a larger area with the maintenance -of the current - driveway providing .access to the structure. 2.) In that this structure already exists, there will be no negative changes in the relationships between the open spaces and the buildings on the lot. Instead, there may be an improvement with the enhancement of "curb appeal" features such as exterior siding and trim. 3.) The community will be little affected by our proposed! plasi, is that no new construction is proposed, and the property location is somewhat removed from more developed areas of the town. The proposed conversion is modest and unobtrusive. *Will the project PROTECT the general welfare *How [Make sure you address L Water supply and distribution systems 2_ Sanitary sewage and storm water collection and; treatment systems 3: Fire protection 4_ Streets 5. Schools] 1.)Water supply to the structure will be provided from a pre - existing, private well, and will little affect other parties. 2.) Waste disposal -rill b routed into a brand new (as of Oct. 2008) septic system designed toF accomn odate,� a capacity inclusive of the proposed apartment. Due to topography, additional septic_ holding tank(s) will need td be installed to provide access. to the primary tank and leach. field. 3-.) Fire protection wilt remain as it has, in that the structure already exists. Interior changes willreet fire requirements of the current Massachusetts State Building Code. 4.) The relationship between the structure and the streets will not change. An unobtrusive gravel driveway connects the building to Kennedy Road in a safe manner`. Its. grads and: surface features. will help tot prohibit excessive speeding or reeldess: driving. 5_} No schools will be affected in this proposed conversion, unless future inhabitants choose. to have a child which they choose to send to the public school. , *Will the project Z AVOIDS OVERLOADING and MITIGATE City. resources *How [Make sure you address_ I_ Not unduly impair the integrity of character of the district or adjoining zones. 2. Be in harmony with the general purpose and intent of the Ordinance. 3. Not be detrimental to the health, morals or general welfare.] l .) No significant changes are planned, that would in any way negatively alter the integrity of the district, zones, or general nature and: intent° of the surrounding town and its communities. We are proposing the construction of a traditional, single story home of an "average ", or "normal" character. 2.) We are proposing no changes to the grounds that would be in disharmony with the intents of the Ordinance. 3.) We are proposing a low impact renovation that will not draw on such city resources as water and sewer service. If anything, the addition of a small residential structure will increase the city tax revenue, and therefore help support city resources and general welfare. *Will the project PROMOTE and NOT HARM City planning objectives *How [See current city master plan and elements: - Sustainable Northampton - Transportation Plan -Open Space and Recreation- Plan]i The nature and location of this. project will not harm the city's planning objectives, and will instead support them through increased opportunity for lower- income housing, increased opportunity for practicing (sustainable) agriculture, and through the maintenance of mixed open forested land and the biodiversity that brings. This project will not contribute negatively to open space or recreational plans. Will the project Meet all zoning requirements *How [For the Zoning Board, these are detached accessory apartment, home occupation, signs, and attached accessory structure. For the Planning Board, these are a much longer list, including but not limited to flag lot, common driveway, lot size averaging, parking requirements, etc.] The proposed conversion will meet the zoning: requireinents listed under chapter 350- 10.10 B in the following ways:. B-1.} The apartment will contain its own kitchen and bathing facilities. B -2_) We are proposing the conversion of only one accessory apartment. B -3.) The owner will be living on the property. B -4 ) Egresses will be created /moved from their current location(s) to the -sides or rear of building (yet to be determined in design). B -5.) The gross floor .area will be maintained at 760 + - square feet (from exterior footprint dim.easions). B -6- As current owners, wewRl not expand beyond the 900 square foot floor plan l miL B7.) No = snore than three people will occupy the structure at any given time.. B -S.} In that two- off-street parking spaces exist for the residents of the rnain house, one or more parking spaces will be made available for tenants of the apartment. B* =9.) Though the interior design has not been solidified yet, it will meet all current code requirements. B_10.) We will go through the appropriate filing and documentation before allowing occupancy ofthe apartment. B-11-) *Dependent on future owners. B -12.) A notarized letter stating that the owner will occupy one of the buildings on the property will be filed. B- r13..} Plan, sketches (photos) have been included with this submission. The proposed apartment will also meet the requirements fbr setbacks (required: 40' front, 50' rear, 20' sides; current. 107' front, 300'+ rear, 216' left, 59' right), and percentage of open space (required. 95 0 /o, current 95 I3 - Since no changes are being made to the building's footpriit;. these figures will not change- An additional ordinance (350 -9.9, GT) indicates that only one driveway curb cut is allowed per lot, unless a special permit is granted because doing so would promote and improve safe and efficient traffic circulation. We are requesting that we be granted a l permit for a second, "unimproved" driveway for access to the apartment. Currently, a gravel driveway provides access to the side of the building. We ask that this be grandfathered in, as we feel it will be beneficial for the following reasons: l.) It will improve future tenants. privacy. 2_) It will limit congestion in the main driveway, which bottlenecks en route to the proposed apartment_ Use of a driveway running past the main house would limit outdoor parking at the main residence, create possible hazards for children playing outside the main house's front door and generally be less efficient. 3.) To avoid the installation of an additional full septic system, a registered sanitarian /designer has recommended the installation of two holding tanks to process sewage, before routing it to the main: septic holding tang and leach field (newly installed in Oct. 2008). The logical and realistic place for these tanks is just. to the south of the proposed apartment's south side, between the apartment and the main system. Installation of tanks here would prohibit parking or :driving in that :area, making access to the structure more difficult. I have ALREADY" posted the REQUIRED sign: so it is, visible from a public way [* Add time and place of hearing as soon as it is available) *Please note: This will be done after the sale of the property (scheduled for June 26, 2009) n File # MP- 2009 -0094 n APPLICANT /CONTACT PERSON STEVENS DANA ADDRESS/PHONE 1300 FEDERAL ST APT 15 (603) 809-9231 () PROPERTY LOCATION 317 KENNEDY RD MAP 09 PARCEL 005 001 ZONE RR(100 )//WSP l�Cv THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE Building Permit Filled out Fee Paid. Typeof Construction: ZPA - ACCESSORY APT DET GARAGE 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' PRES TED: Approved Additional permits required (see below) PLANNING BOARD PERMIT REQUIRED UNDER: § Intermediate Project: Site Plan AND /OR Special Pen with Site Plan._ Major Project: Site Plan AND /OR Special Permit with Site Plan ZONING BOARD PERMIT REQUIRED UNDER: § ID 10 e r Finding . Special Permit _ Variance* Received & Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation Commission Permit from CB Architecture Committee Permit from Elm Street Co ssion Permit DPW Storm Water Management Signature of Building Ofcia1 Date 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. IL y V,,1 �' 11 r V 1 111t1I11 1 rL l ,L1 y1Z l l Vl r., � S.L.V.�.G f , 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 the City of Northampton 1. Name of Applicant 17ANP. SIEVE NS Address: V-Soo AST. ts 5ELc- 1\Ey__ 603. 9, 0g .9Z-:5\ 2. Owner of Property: DONAL�V F- . 3'P—k0F - C1. GA 0QGEaQ Address: 577 FwF t.)C,E RD. f Ncg_ h W f M A Telephone: 4l3 5 02-Q3 0%062 p0 [EN A:1. 3. Status of Applicant: Owner Contract Purchaser Lessee Other. (explain) e,u�cER -S 4. Job Location: :S\ kF_.)N@D`� �D. NOt�THI�N,P'CO►,1 . MAt. (3 \05'5 Parcel Id. Zoning Map# Parcel# In Elm Street U;istrict ' . - In''Central, Business District (TO BE FILLED THEBUILDING DEPARTMENT) 5. Existing Use of Structure/ Property: s lS c u�� >J A CnA1� /tiG,L G 6. Description (if .Proposed Use /Work /Project /Occupation: - Use additional sheets if-necessary): WE WOV W LAV:1_ - TO C.ON VEST kc-,E. ltJ'To A STOD10 APlt%"CMQM T. ffR L _ f f 7., Attached Plans: Sketch Plan V Site Plan Engineered /Surveyed Plans 8. Has a Special Permit /Variance /Finding ever been issued.for /on site? ' i NO DON? KNOW ✓ YES IF YES, date issued: IF YES: Was the permit recorded at'the Registry of Deeds? NO KNOW ✓ YES IF YES: enter Book Page and /or Document # 9. Does the site contain a brook, body of water or wetlands? NO 'DONT KNOW. YES IF YES, has a permit been or need. to be.obtained from the Conservation Commission? Needs to be obtained Obtained , date issued: (Form Continues On Other Side) T «„ «,,,..,,.ao„ «: «.. Tn.....q.:a « «n..:..:.,« «..,.......; A..... ' O /A /'t!tltA 1.0. 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 1 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 uepartment EXISTING PROPOSED REQUIRED BY ZONING- Lot Size '� 3155��.Fk.�3.o2acrzs SAME' Frontage 32.7 FEET SAME . Setbacks Front p } F-t 10 FEE Side L: 2 l6 R: S �\ ?" L: 2 l6 `. R: S$` 7 " L:.1 R: . �b Rear }3C7 FEs Soo Fsze -- c Building Height . 1% PeEZ l$ FeF—T Building Square Footage 7 b 1.. 0� 4. 7 6 1.. oz� % Open Space: (lot area minus building & paved parking. # of Parking Spaces \ # of Loading Docks NONE NONE Fill SOUTHF =hST toE o� ' (volume & Location) OPT\ L Q-/iD� SEG Sk- E . 13. Certification: I hereby certify that the information contained herein is true-and accurate to the best of my knowledge. Date: _MAY 4Tw , 7-00Q' Applicant's Signature ' NOTE: Issuance of a zoning permit does not relieve an applicant's burden to comply with ali 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. n. r� ....:......... .avnv�Am.._:..:...,nn..:a:.... r..�_........o....:.... n,....:. A...a:...+:.... _.,......... 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